Early Neutral Evaluation (ENE) meaning

When disagreements arise in property transactions, parties typically have a number of avenues for resolving matters, each bringing its own benefits and drawbacks. This Practice Note explores those routes and provides examples of the types of property dispute that may lend themselves to settlement through alternate dispute resolution (ADR). ADR in property disputes It is well recognised that ADR can be an effective method of resolving disputes, especially in property disputes and other commercial transactions. ADR is: efficient cost-effective capable of producing settlements that courts may not be able to replicate more imaginative than judicial awards tailored to the commercial needs of the parties At present, ADR is not compulsory in Scotland, so it is not a necessary pre-requisite to legal proceedings; however, practitioners still have obligations to advise on, and consider, ADR...

Traditionally, parties have tended to pursue litigation instead of opting for the less adversarial avenues of alternative dispute resolution (ADR). A trust, which imposes binding equitable duties on trustees that beneficiaries can enforce, is founded upon a fundamentally personal connection. When conflict arises, that personal bond can come under scrutiny for multiple reasons, including arguments over the trust’s validity or allegations of poor administration by the trustees. Clashes between trustees and beneficiaries can be distressing and often cast a shadow over any prospect of a constructive relationship going forward. While some matters can only be settled through the courts, judges generally anticipate that the parties will first attempt to settle their differences by alternative methods. In contentious estate issues, as with many trust quarrels, there is commonly a personal link between the individuals and psychological elements at play, such as the impact of the grieving process on decision-making. The Civil Procedure Rules 1998 (CPR), together with their Practice Directions, set out a framework encouraging the parties to behave reasonably when...

This Practice Note examines early neutral evaluation (ENE), a type of alternative dispute resolution (ADR). What is ENE? ENE involves the parties asking an impartial evaluator to provide a view on the strengths of the case or on discrete issues. Typically, the evaluator is a solicitor, barrister or subject-matter specialist. On occasion a judge may act in this role; see: Judicial ENE. As with other ADR processes, the structure is agreed by the parties, but it commonly features: a more interventionist approach than mediation; rather than shuttling between sides, the evaluator sets out, often in firm terms, their view of the probable result the evaluator’s view is usually not binding their assessment can provide a platform for later settlement discussions As the evaluator’s view is typically non-binding and frequently delivered without the full factual record that a trial would reveal, a party holding a fixed stance may take issue with the...