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Early Neutral Evaluation
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Early Neutral Evaluation
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Early Neutral Evaluation
Ebook361 pages3 hours

Early Neutral Evaluation

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About this ebook

This valuable guide is a tool to teach lawyers, litigants, neutrals, judges, court program administrators, and public policy analysts what early neutral evaluation (ENE) consists of, why and under what circumstances it can be used most productively, the difference between it and mediation (in the forms most commonly encountered by litigants and lawyers), and how clients, litigators, and neutrals have been assessed the value of ENE. Written by experts in the field, this handbook will equip lawyers and clients alike to decide more reliably when to use ENE and how to participate in an ENE process most effectively.
LanguageEnglish
Release dateDec 7, 2013
ISBN9781614383154
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Early Neutral Evaluation
Author

Wayne D. Brazil

Wayne Brazil spent 25 years as a magistrate judge in the United States District Court for the Northern District of California. During his tenure as a judge he led the teams of lawyers that designed and implemented the Early Neutral Evaluation process, as well as the Court's broader, multifaceted ADR program. He also served as the Court's first ADR Magistrate Judge, a position he occupied for more than 15 years. After retiring from the federal bench in the fall of 2009, Judge Brazil joined the faculty of the law school at the University of California, Berkeley, where he has served as its first "Professor from Practice." In August 2011, Judge Brazil joined JAMS, where he works as a mediator, arbitrator, and special master. In addition to scores of published opinions, Judge Brazil has written more than 30 journal articles and three books, most focusing on issues related to court provision of ADR services, settlement, the use of special masters, and the system of civil discovery. He also wrote the chapters on case management and on discovery sanctions for the redesigned Third Edition of Moore's Federal Practice. Judge Brazil served the Judicial Conference of the United States as a member of the committees on Civil Rules and on Evidence, and as reporter for the Conference's Special Committee on the Civil Justice Reform Act. He was a member of the Ninth Circuit's ADR Committee for 12 years. He currently serves on the editorial board of the ABA's Dispute Resolution Magazine. For his contributions to the development of court-sponsored ADR programs, Judge Brazil received the D'Alembert-Raven Award in 2009 from the ABA's Section of Dispute Resolution, the Weckstein Memorial Award in 2007 from the California Dispute Resolution Council, lifetime achievement awards in 2005 from the American College of Civil Trial Mediators (2005), and the CPR Institute for Dispute Resolution (New York-1999). Before becoming a magistrate judge, Professor Brazil taught in the law schools at Hastings College of the Law, the University of Missouri (Columbia), and the University of Kentucky. He was a litigation associate at the San Francisco law firm of Farella, Braun & Martel before turning to law teaching.

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