Eligible cases are automatically designated for ENE at filing, and parties in other cases may use the program voluntarily. In most cases, ENE sessions are held midway through the standard eight-month discovery period. The sessions are conducted by court-trained neutrals with subject matter expertise who are selected and paid by the parties. All parties and counsel must attend. The purpose of the ENE session is to provide an early opportunity for realistic settlement negotiations or, in the absence of settlement, to narrow issues and prepare for trial efficiently.
Settlement is explored using private caucusing and mediation techniques.
The neutral also estimates, where feasible, the likelihood of liability and the range of damages. Number of cases. Case selection Eligibility of cases. In addition, parties in any other civil case can elect to use ENE if all the parties consent. All eligible cases are automatically designated for referral to ENE at the time of filing.