نوع مقاله : مقاله پژوهشی
1 دانشگاه آزاد تهران شمال
2 استاد حقوق تجارت بین الملل دانشگاه شهید بهشتی
3 استادیار دانشکده حقوق دانشگاه شهید بهشتی
4 عضو هیات علمی دانشکده حقوق و علوم سیاسی دانشگاه خوارزمی
عنوان مقاله [English]
Early Neutral Evaluation ("ENE") is a form of ADR that has become increasingly popular in recent years but still not known in our legal system. This article proposes the incorporation of a lesser-known Early Neutral Evaluation mechanism. ENE is often cheaper, faster and more flexible than other forms of dispute resolution processes such as arbitration and litigation. Parties often tend to exaggerate their pleadings and form an unrealistic view of their case. The primary focus of ENE is to provide the parties with an early and frank evaluation by an objective observer of both the merits of the case and of expeditious ways to achieve resolution. Early Neutral Evaluation is seeing the end from the beginning, before entering time-consuming court or arbitral procedures. This article intends to describe why Early Neutral Evaluation must enter into Iranian legal systems. What are elements and features of this alternative dispute resolution, and under what circumstances it might be used most productively.