Local Rule LR 16-6: EARLY NEUTRAL EVALUATION

LR 16-6. EARLY NEUTRAL EVALUATION

(a) Purpose and Scope. Early Neutral Evaluation (ENE) is a form of alternative dispute resolution in which a neutral evaluator meets with the parties early in the litigation to help them define the claims and defenses, understand the relative strengths and weaknesses of those claims and defenses, and explore settlement possibilities. ENE may be ordered by the court or requested by the parties. ENE may be held for any civil case except cases involving pro se prisoners.

(b) Selection of Evaluator. ENE will be conducted by a member of the court's panel of volunteer evaluators. The clerk will maintain a list of evaluators.

(c) Disclosure of Conflicts of Interest. An evaluator must disclose to the parties any relationship with a party or counsel that could affect the objectivity of the evaluator.

(d) Evaluation Statements. Unless otherwise ordered by the court, each party must submit an ENE Statement to the evaluator at least 7 days before the ENE session. ENE statements must not be filed on the court's docket.

(e) The ENE statement must include:

(1) A brief description of the case;

(2) The key facts and legal issues;

(3) Significant evidentiary issues;

(4) Relief sought by the party submitting the statement; and

(5) Any other information the evaluator requests.

(f) Attendance. Unless the court orders otherwise, lead trial counsel and a client representative with full settlement authority must attend the ENE session.

(g) Confidentiality. Except for statements that all parties agree may be disclosed, communications made during ENE sessions are confidential. ENE statements submitted to the evaluator are confidential.

(h) Compensation. The evaluator serves as a volunteer and will not receive compensation from the parties for services as an evaluator.

(i) Effect of ENE. ENE does not alter or modify existing court orders or scheduling deadlines.