The Goals of ENE
- Enhance direct communication between the parties about their claims and supporting evidence, in fair view;
- Provide an assessment of the merits of the case by a neutral expert;
- Provide a "reality check" for clients and lawyers and other related parties involved;
- Identify and clarify the central issues in dispute;
- Assist with discovery and motion planning or with an informal exchange of key information;
- Facilitate settlement discussions, when requested by the parties and to reach a "Win-Win" solution.
This, then sets the scene for settlement negotiations. Whereas mediation is not concerned with considering the merits of a matter, this lies at the very core of ENE. ENE is therefore potentially of huge value in disputes where parties have vastly opposing stances and, perhaps, where one party may be oblivious of the realities of the case in hand (for example, where their claim is hopeless and/or they do not understand the risks of litigation).