Early Neutral Evaluation (ENE) is when disputing parties submit their case to a neutral evaluator through a confidential "evaluation session." The neutral evaluator considers each side's position and renders an evaluation of the case. Contracting parties can include an ENE clause in the contract, which represents their agreement to submit to ENE in good faith to resolve any contractual disputes.
The system has been created, and adjudication in Ontario can be expensive. Whats more, the design of the system does not allow for hearings in most cases. In other words a paper submission is your only chance to prove the merits of your position in dispute. ENE offers a quick, but non-binding solution, meant to save the relationship.
Our knowledge is your edge. We can swiftly determine your likelihood of success in an adjudication procedure in construction based on decades of real world ICI and residential contract administration. Our recommendation to each party issued within a week, not 70 days later. Our goal, the best possible outcome for each party to the dispute.
Adjudication and ENE may not be for everyone or for every situation. Mediation offers a swift alternative that relies on parties to find common ground through a coaching process. The process provides a safe and neutral, non-judgmental environment, where parties can speak freely, be candid, and be assured of respect for their position. Ideally, the parties can arrive at a written agreement, execute the agreement and move forward.