Training - ENE - Early Neutral Evaluation Training

Level reached

Specialisation

Duration

7,00 day(s)

Language(s) of service

DE EN FR

Next session

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Who is organizing this training?

Established in 2003, the Centre de Médiation Civile et Commerciale (CMCC) is the international full-service mediation provider for civil and commercial disputes in the heart of Europe (Luxembourg). The founding members of the CMCC (Chamber of Commerce, Chamber of Crafts, Bar Association and the Medical Association) put initially the focus on developing mediation as the main alternative dispute resolution method in Luxembourg. Today, with the additional support of the Luxembourgish Ministry of Justice, the CMCC became an one-stop-shop for mediation services (mediations, trainings, conflict consultancy and prevention) and further alternative dispute resolution services like neutral evaluation and arbitration (in cooperation with the Arbitration Center). The CMCC offers standard and customised trainings

Who is the training for?

Training for lawyers and professional specialists

Goals

ENE Training aims to certify:

communicative and negotiation skills based on the Harvard Concept,
knowledge of the tools and processes used by and necessary for a professional Early Neutral Evaluator in order to apply them in practice to any
type of communicative challenge in the context of the professional activity of the lawyer and professional specialist the acquisition of a set of skills with a view to exercising the role of an Early Neutral Evaluator in compliance with the minimum 56 hours of training required, among other things, for accreditation by the Centre de Médiation Civile et Commerciale (CMCC),

An ‘Early Neutral Evaluation’ (‘ENE’) is an Alternative Dispute Resolution (‘ADR’) procedure, which can be carried out at any time during ongoing legal proceedings or outside the legal process. The dispute is submitted to an expert, lawyer, judge or professional specialist (‘Evaluator’), who is asked to make a balanced and impartial assessment of the dispute. The parties submit written observations or meet the Evaluator in person. The Evaluator highlights the strengths and weaknesses of both parties and gives an estimate of the likely outcome of a trial. This assessment can help the parties to evaluate their case and possibly encourage them to reach an agreement through mediation or to initiate or continue legal proceedings.

The subject of ENE is relevant to the lawyer's practice insofar as it represents an area in which he provides legal services in the form of

procedural advice to the parties as to their choice of dispute resolution method to be followed,
material advice necessary to advance the possible method of dispute resolution, and
substantive advice in the form of a neutral assessment of the dispute and a corresponding estimate of the chances of success of each procedural approach (judicial vs. ADR) and a related commitment of resources.
a process in which he accompanies and advises the parties
a useful communication technique
to act to prevent conflict in the interests of the parties, and an additional activity when the lawyer takes on the role of Early Neutral Evaluator.