Early Neutral Evaluation: A New and Practical Alternative Dispute Resolution

Document Type : Original Article

Authors

1 phd candidate of private law, islamic azad university,tehran northbranch,tehran,iran.

2 Professor of Law, Shahid Beheshti University

3 assitant of law Shahid beheshti university

4 Faculty member of the Faculty of Law and Political Science of Kharazmi University

10.52547/jlr.2022.228347.2287

Abstract

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.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 06 December 2022

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History

  • Receive Date: 17 August 2022
  • Revise Date: 12 November 2022
  • Accept Date: 06 December 2022

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