Early Neutral Evaluation of Case (ENEC)

What is it? ENEC aims at presenting to the parties involved in a conflict, an early and candid evaluation of the case and its merits, as seen by an objective and unbiased “appraiser”. This means of solving a conflict is expedient, when for instance the parties disagree highly on their legal positions, thus finding themselves legally locked in a position warfare. Instead of finding a solution by focusing on legal positions, it may turn out to be possible to solve the conflict by inducing the parties to bring A’s interests nearer to those of B (dispute resolution based on interests). The ENEC process takes place in confidence. The participants have bound themselves to secrecy. How does it come off? The parties/their lawyers provide the “appraiser” with material (typically the exchange of pleadings and annexes from a current or, otherwise, expected lawsuit, with the expected exchange of pleadings). The “appraiser” makes his own investigations and may put questions in writing to the parties/their lawyers. Everybody involved receives copies. The “appraiser” is not committed by the allegations raised by the parties. The result presented to the parties/their lawyers is not binding on them.  When is ENEC typically being used? When the dispute is principally focused on technical or strictly legal issues calling for an expert assessment on top of that of the lawyers involved, if any. For the parties and the lawyers it will often be expedient to obtain a truthful check up on the matter (second opinion) as early as possible, in order to clarify the decisive aspects of the case. This may possibly be useful to only one of the parties. The adjudicator may be a technical expert and/or e.g. a retired judge, whom our Office will help selecting. Procedure and payment On the whole, our Administration - phone: +45 8612 0277 - will be happy to be of assistance, both with information and contributing to the practical implementation of the process, so as to customize it for each specific case. The expenditure is calculated on the basis of an hourly rate of DKK 1,800.00 + VAT + disbursements. The expenditure for one day (7 hours) is limited to DKK 10,000.00 + VAT + disbursements. Consultation and guidance (max. 1 hour) is free of charge.