Early Neutral Evaluation

Early Neutral Evaluation (ENE) is a new and unique form of Assisted Negotiations that has been developed by GMA. ENE provides for the parties to a commercial agreement to settle disputes in a simple and inexpensive manner. ENE/GMA provides the least expensive and most expeditious means of resolution while maintaining an uninterrupted ongoing business relationship between the parties.

ENE/GMA encompasses a procedure through which the parties, under the provisions of the commercial agreement, are required to submit their positions at the initial stage of a dispute, via secure email, to an appointed Neutral Evaluator with expertise in the area of the dispute. Within three days of receipt of a one- or two-page description of the dispute, the Neutral informs the disputants, via secure email, that their positions or demands are either:

1. can be satisfied by the parties agreeing to the attached settlement agreement;
2. are within a range considered to be resolvable through Mediation with the Neutral or other appointed expert in the area of the dispute serving as the Mediator; or
3. are too far apart to be determined other than through litigation or Arbitration.

The cost for the entire ENE process should not exceed USD 4000 and should be completed within ten (10) days. Until mutually accepted, none of the suggestions by the Neutral are binding nor may any communications between the Neutral and the parties to be used as evidence in either arbitration or litigation (except by court order).

In conclusion, ENE/GMA constitutes an easy and inexpensive yet powerful way of solving international commercial disputes

Flowchart of the Early Neutral Evaluation Process 31 KB
Early Neutral Evaluation Process 18 KB