ENE is a method or tool within the larger context of Alternative Dispute Resolution. For an excellent dissertation, I refer you to www.library.findlaw.com for an article by John S Blackman entitled “Early Neutral Evaluation – An ADR Technique Whose Time Has Come”.
In the context of construction disputes arising under SB 800; Calderon; NRS chapter 40; Warranty claims and backcharges; or disputed contribution under insurance WRAP-UP policies, an “early” and “neutral” evaluation by an objective third party with relavent experience, should prove highly effective – if not to resolve the dispute, then to quickly posture the matter for meaningful negotiations.
A well reasoned ENE overcomes the endemic distrust that typically exists between and among developer / general contractors, subcontractors, and owners. The “neutral” analysis of the claims and defenses supplants the biased assignment of blame more often imposed by the party with the greater bargaining strength.
Like an express contractual requirement to arbitrate or mediate prior to litigation, a similiar contractual referral to an “Early Neutral Evaluation” will help to create the requisite dialogue and should ulitmately secure desired resolution short of the long and costly litigation process.
We are working to facilitate on-line submittals for ENE. Please, give us your thoughts. MHardy
