HC allowes American Way of legal management to solve cases

By Staff
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Google Oneindia News

New Delhi, Aug 22 (UNI) The Delhi High Court has allowed two persons with the same name to go into litigation by the American way of legal management and adopt the Early Neutral Evaluation method (ENE).

Senior Lawyer Pravin Anand and Lawyers A K Katoch and Siddharth Bambhar told the court that they were unable to solve a case where two parties have the same name -Bawa Masala Company and Bawa Masala Company Pvt Ltd. They were called for mediation but the mediation centre solved quite a number of their cases but one which is now being tried by the American Way of ENE.

According to Mr Anand, ENE is a technique used in American litigation to provide early focus to complex commercial litigation and based on that provide a basis for sensible case management and offer a resolution of the case in the early stages.

An ENE is conducted by a senior counsel or person of expertise and experience in the subject who is known as an Evaluator or a Neutral person.

A written brief is provided to him by the lawyers and both parties are required to have a decision maker each which may be accompanied by a lawyer. The Evaluater reads the cases by the parties and pronounces its decision.

''ENE is a different form of Alternate Dispute Resolution (ADR) and I see no reason why this process cannot be resorted towards negotiable settlement in pursuance to section 89 of the Code of Civil Procedures 1908,when the parties volunteer for the same,'' Justice Sanjay Kishan Kaul said. The court directed the parties to appoint two neutral evaluators and send the details of its outcome to them by November 2.

The judge observed that the ENE also broadly follows the same process as a mediation though the concept is not a negotiated settlement, but a neutral one.

In ENE, the decision of the evaluator is not binding to any party. If they are aggrieved, they can still approach the court. In this way the confidentiality is maintained by this method.

This is the first time that any effort of this kind is being made. If this works than other cases will also be allowed to be done by the ENE way.

UNI

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