Early neutral evaluation (ENE) has had an injection of get-up-and-go, in a recent case decision. But first things first: have you heard of ENE? It’s another dispute sorter-outer device in the stable of alternative dispute resolution (ADR). The general idea of all these ADR devices is to coax you not to spend the family fortune on litigation, or rather to find a short cut to solving the kinds of dispute that are commonly found in construction. The cost of litigation is a plague; it always has been thus.

Read more…