JDR Modalities

Early Neutral Evaluation

Early Neutral Evaluation (ENE) is a process by which the judge or a third-party neutral provides an early and non-binding assessment of the strengths and weaknesses of each party’s case, and states a considered view on the likely outcome at the trial. The ENE gives a realistic indication of the merits of a party’s case, which in turn helps to manage parties’ expectations.

Mediation

Mediation is a process by which the mediator facilitates discussions between parties and guides them towards a mutually acceptable settlement which addresses the interests and underlying concerns of disputing parties rather than focussing on the legal and evidential merits of each party’s case. During the mediation session, the mediator focuses on working with parties to propose and craft solutions rather than dwelling on the problem and assigning blame.

Judge-Facilitated Negotiations

The judge is directly and actively involved at every stage of the process, not only in terms of case management or the application and conducting of the appropriate Court ADR modality such as ENE or mediation, but also in facilitating and encouraging parties to negotiate in the best possible environment. Through the close monitoring of the progress of their negotiations, the judge can give constructive advice on how to further negotiations, and propose creative solutions for parties to overcome hurdles and limitations that they face.

Appointment of Assessors / Experts / Referees

Complex factual issues are referred to an assessor / expert / referee (referee) for an inquiry. The inquiry would usually be conducted in a less formal way than court proceedings and would therefore take significantly less time. The referee would usually have expertise in respect of the factual issues in dispute and would therefore be able to manage the inquiry in a more robust and efficient manner.