To avoid the appearance of unfairness, a company may turn to an outside neutral third party in hopes of reaching a settlement all employees will respect. Parties using ENE have their attorneys present the core of the dispute to a neutral evaluator in the presence of the parties. This occurs after the case is filed in court but before discovery of facts is conducted. The neutral evaluator then gives a candid assessment of the strengths and weaknesses of the case. If the parties cannot settle, the neutral evaluator helps narrow the dispute and suggests guidelines for managing discovery.
Every panel has one neutral advisor.
Mini-trials help to define the issues and develop a basis for realistic settlement negotiations. The representatives from the two sides provide an overview of their positions and arguments to the panel. As a result, each party becomes more knowledgeable about the other party's position. After hearing each side's presentation, the panel, including the advisor, meets to develop a compromise solution, as in the mediation process. The neutral advisor also may issue an advisory opinion regarding the merits of the case.