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Wisdom by Churchill

“ Never, never, never believe any war will be smooth and easy, or that anyone who embarks on the strange voyage can measure the tides and hurricanes he will encounter. The statesman who yields to war fever must realize that once the signal is given, he is no longer the master of policy but the slave of unforeseeable and uncontrollable events ”  — Sir Winston Churchill

Now substitute “litigation” for “war,” and “party” for “statesman,” and Sir Winston’s words aptly describe the uncertain, costly, and all-consuming arena of litigation.

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Early Neutral Evaluation

The technique of early neutral evaluation (ENE) provides early focus in complex commercial disputes, and—based on that  focus—offers a basis for sensible case-management or a suggested resolution of  the entire case in its very early stages.

In early neutral evaluation, an evaluator acts as a neutral person to assess  the strengths and weaknesses of each of the parties and to discuss the same with  parties jointly or in caucuses, so that parties gain awareness (via independent  evaluation) of the merits of their case.

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Principles

Principles of mediation include non-adversarialism, responsiveness, self-determination and party autonomy.

Non-adversarialism is based on the actual process of mediation. It treats the parties as collaborating in the construction of an agreement. By contrast, litigation is explicitly adversarial in that each party attempts to subject the other to its views