Early Neutral Evaluation (also neutral case evaluation)

1:	Early Neutral Evaluation in Divorce Cases  citation
	This article discusses the development of early neutral evaluation (ENE) as a form of dispute resolution and the advantages and possible pitfalls of using such a method for resolving financial issues in divorce cases. Additionally, the author proposes the establishment of court-mandated ENE programs and provides a framework for doing so. Author: Santeramo, Jordan Leigh
2:	An Evaluation of Mediation & Early Neutral Evaluation Under the Civil Justice Reform Act: A Summary  citation
	This article examines the efficacy of mediation and early neutral evaluation under the Civil Justice Reform Act. The authors conclude that incorporation of Alternative Dispute Resolution once litigation has begun is neither an ultimate solution nor a detriment to the resolution process. Author: Kakalik, James and et. al.
3:	Administrative Order M-211: Expansion of General Order M-143 to Include the Use of Early Neutral Evaluation and Mediation/Voluntary Arbitration  citation
	This amendment to the Court Annexed Alternative Dispute Resolution Program for the U.S. Bankruptcy Court for the Southern District of New York authorizes the inclusion of Early Neutral Evaluation and Mediation/Voluntary Arbitration (med-arb) in the program. The Order discusses the assignment of cases to mediation/voluntary arbitration, the role of the mediator/arbitrator, mediator/arbitrator qualifications, immunity, subpoenas, awards, mediator/arbitrator compensation, and notice of program. Author: U.S. Bankruptcy Court Southern District of New York
4:	An Evaluation of Mediation and Early Neutral Evaluation under the Civil Justice Reform Act  citation
	Examines the implementation, costs, and effects of mediation and early neutral evaluation programs for civil cases in six federal district courts with CRJA pilot programs. The districts studied were: California (Southern), New York (Eastern), New York (Southern), Pennsylvania (Eastern), Oklahoma (Western), and Texas (Southern). Evaluated cases by time to disposition; cost of litigation; cost to the court for administering the ADR program; monetary outcomes; provider, litigant, and lawyer views of satisfaction with case management; and provider, litigant, and lawyer views of the fairness of case management. Concludes that there is no strong statistical evidence that the mediation or neutral evaluation programs, as implemented in the six district courts studied, significantly affected time to disposition, litigation costs, or attorney views of fairness or satisfaction with case management. ADR programs appear to increase the likelihood of a monetary settlement. Author: Kakalik, James S.
5:	Wisconsin Court System Medical Mediation Panels  citation
	(Abstract taken directly from website.) "The Medical Mediation Panels were created by the Legislature in 1986 in an effort to provide 'an informal, inexpensive and expedient means for resolving medical malpractice disputes without litigation; Wisconsin Statute Section 655.42(1). Although referred to in the legislation as 'mediation', the work of the medical mediation panels is more accurately described as 'early neutral evaluation.' Early in the proceedings, an impartial panel gives an objective assessment of the strengths and weaknesses of the claimant's case. Thus, early neutral evaluation can reduce litigation costs by identifying claims without merit as early as possible and by expediting the resolution of those claims that do have merit."
6:	Rule 16: Mediation and Early Neutral Evaluation  citation
	These are the rules of the U.S. District Court, Eastern District of Missouri (Eastern District), for the mediation and early neutral evaluation of civil cases referred by the Court. The rules cover: the referral process; the duties of the participants; certification, appointment, compensation, and disqualification/unavailability of neutrals; communications concerning confidentiality and ex parte communication; and reporting requirements. Also available online is a sample form: Designation of Neutral by Parties and ADR Conference Report. Author: United States District Court for the Eastern District of Missouri (Eastern Division)
7:	Alternative Dispute Resolution: An Empirical Analysis  citation
	This article reports the findings of a study on Early Neutral Evaluation program in the Northern District of California courts. The study found that two-thirds of the cases assigned to ENE were satisfied with the process and believe it was worth the resources devoted to it, half of the cases assigned to ENE saved money, and half of the cases in which ENE sessions were held were resolved more quickly than cases not assigned to the ENE program. While over 80 percent of attorneys assigned to ENE reported that they would select ENE in other cases, no one whose case was automatically assigned to ENE asked to have the case assigned, even though the option was available and known. Additionally the taskforce concluded that the important predictors of a successful ENE outcome were the attitudes and skills of neutrals. Author: Rosenberg, Joshua and Folberg, H. Jay
8:	Rule 16.4 Alternative Dispute Resolution  citation
	This rule provides for the use of ADR processes (including arbitration, early neutral evaluation, mediation, and summary jury trial) to resolve cases in the U.S. District Court for the Northern District of Ohio. It outlines the role of the ADR Administrator, the qualifications necessary to be placed on the panel of neutrals, and the referral process. In addition, for each ADR process the rules address case eligibility and selection, the administrative procedure, neutrality, written submissions, ADR conference attendance and procedure, and confidentiality. For arbitration, sections on awards, trial de novo, and assessment of costs are included as well.
9:	Integrating ADR Into Trial Court Civil Caseflow Management Systems: An Implementation Guide  citation
	After discussing the importance of a good case management system, this guide explains different ADR processes (mediation, arbitration, early neutral evaluation, fact-finding, summary jury trial, mini-trial, and judicial settlement conference) and outlines the characteristics that make cases more or less appropriate for each process. In quick bullet-points, a framework for creating a case management system in which ADR is integrated is also provided. Author: Bakke, Holly C., Green, Joan B. and Solomon, Maureen
10:	Mediation and Other Non-Binding ADR Processes  citation
	This textbook is for law school instructors who wish to focus on mediation and related processes. The impetus behind the ADR movement, as well as its increasing use to resolve public policy disputes, are examined. It includes a detailed discussion of mediation, with more limited examination of the other process most commonly used by the courts - settlement conferences, early neutral evaluation, arbitration, mini-trials, and summary jury trials. Some attention is given to questions of client representation in mediation. The book in general is structured as a compilation of various essays, articles, and cases that are interspersed with commentary and questions by the author. Author: Murray, John S., Rau, Alan Scott and Sherman, Edward F.