A neutral is selected from our ENE panel. Soon, the chosen panelist schedules a conference call with all parties to tailor the ground rules and nature of the ENE to your specific needs. This includes the type of evidence to be submitted, and accelerated deadlines for its submission. The parties may also decide whether the neutral’s findings will be immediately binding or not. Sometimes a case is simple enough to schedule a joint session wherein submissions are made “live,” with the neutral returning with a decision that very day.
If the parties agree beforehand that the finding will be binding, the case is concluded. If they stipulate before the finding that it shall not be binding, then after the announcement of the finding the neutral will communicate with each party as to its confidential willingness to accept the finding as written. If all parties confidentially accept, the finding then becomes as binding as a courtroom judgment, without delays of appeals.