WHAT IS ARBITRATION?
Arbitration is an adjudicative process in which the issues are submitted to an impartial third person, the arbitrator, who hears testimony in a formal setting and renders a written decision on the matter. The decision may or may not be binding on the parties, depending on the forum in which the arbitration is conducted and the rules controlling the proceedings.
WHY CHOOSE ARBITRATION?
Sometimes the best way to resolve a dispute is by having a third person decide the most appropriate outcome. This usually happens where other attempts at resolution have failed; where discrete legal issues require a decision by a third party to bring the matter to conclusion; or where a contract between the parties allows for arbitration and one side or the other chooses that method over other available means of resolution. Arbitration is nearly always more time-and-cost-efficient than resolution by means of a trial.
WHAT IS ENE?
As its name implies, ENE is a process in which a dispute is submitted to an impartial third person, the neutral, close to the inception of the litigation process, in order to provide the litigants with an objective opinion on the value of the case and/or the likely outcomes should the matter proceed to trial.
WHY CHOOSE ENE?
ENE affords an opportunity to focus early on the important issues and to hear an assessment of the case from a practitioner with substantial experience in the subject matter of the litigation.
ENE is not mediation, in that the neutral, after hearing from the parties, renders an opinion on the results they can anticipate at the end of the litigation process.
ENE is not arbitration, in that no testimony is taken and no award is entered.
ENE is voluntary, non-binding and educational in nature, allowing the parties an unbiased view of what might or will happen if the case is not resolved before trial.