Early Neutral Evaluation
Adjudication has recently become an established Alternative Dispute Resolution (ADR) process in construction disputes, and Mediation is increasingly used and is actively encouraged by the Courts. Early Neutral Evaluation is now emerging as an effective and economical tool in analysing and resolving construction disputes.
At its simplest, Early Neutral Evaluation (ENE) is a process in which a neutral third party examines the evidence and listens to the parties’ positions, and then gives the parties his or her evaluation of the dispute. However, ENE is a flexible and beneficial process and in the hands of a skilled neutral evaluator, it can go way beyond someone simply hearing the facts of a case then deciding a number or outcome. Just as there are many different 'styles' of mediation (directive or non-directive; caucus or non-caucus; evaluative or facilitative; etc.), and just as there are many forms of arbitration, so too there are many different things that happen under the general rubric of ENE.
Stuart Kennedy is now increasingly involved in this relatively new form of dispute resolution and is one of the few experts in the UK in this area of law. Stuart has conducted a number of ENE's where his skill and expertise as a Barrister and a Chartered Surveyor has assisted the parties in understanding and resolving their dispute.