Which duty does a neutral have during the Early Neutral Evaluation procedure?

In the Early Neutral Evaluation (ENE) process, the role of a neutral is primarily to facilitate communication and encourage mutual agreement among the parties involved. By promoting an information exchange, the neutral helps both sides understand each other's positions, interests, and concerns, which can foster a collaborative environment. This process is essential for promoting resolution outside of a courtroom setting, as it seeks to encourage dialogue and ultimately an amicable settlement.

The neutral does not decide the case outcome, as their goal is not to take sides or impose a judgment but to assist the parties in reaching their own agreement. Additionally, the neutral does not represent one party, which would create a conflict of interest and undermine the neutrality required in this role. Lastly, providing legal counsel is not part of the neutral’s duties; their function is to maintain impartiality and facilitate discussion rather than offer legal advice. This focus on promoting agreement through information exchange is central to the effectiveness of Early Neutral Evaluations.