NCJ Number
115470
Journal
Judicature Volume: 72 Issue: 4 Dated: (December-January 1989) Pages: 235-238
Date Published
1989
Length
4 pages
Annotation
This article describes the Early Neutral Evaluation (ENE) program of the Federal court for the Northern District of California, including results from the initial pilot phase and an analysis of the second experimental phase.
Abstract
The ENE involves an early assessment of the parties' relative positions and the overall value of the case. Each evaluation is given by a neutral, experienced, respected private attorney. The confidential evaluation, based on the evaluator's reactions to the parties' written evaluation statements and oral presentations, is presented orally to the parties and their attorneys. ENE goals are to force the parties to confront the merits of their own cases and their opponents' cases, to identify which matters of law and fact are in dispute as early as possible, to develop an efficient approach to discovery, and to provide an assessment of the case. Another goal is to foster early settlements. On the basis of the information obtained from the pilot cases, the court concluded that ENE was sufficiently promising to warrant making the recommended modifications and expanding the program to a second phase of experimentation with a larger number of cases. Analysis of an extensive body of empirical data indicates that ENE achieves its intended goals. The court has ordered that ENE be made permanent. 8 footnotes.