The Early Neutral Evaluation System Research

As the birth to the concept of “Risk Society”and we paying more and more attention torisk, it becomes modern rational people’s smart choices to evaluate risks in advance. It isbetter to give birth to a brand new system which can by the merit of specialists to use existingevidences to evaluate cases for those interested people who are confused,not rational, crazy,reckless, timid, frivolous, lacking of information. Though this system, interested people canrecognize merits of cases, posiston of themselves, issues of cases, rectify the errors ofcognitivation and make the exact decision making. As a result,in the1980, the Early NeutralEvaluation is built in America which builds the concept of ADR, and then develop in Angolaw system countries. In nowadays, ENE runs well in courts, arbitration institutions, lawservice companys, law firms, NGO etc. In China, there is sprout of ENE and also the wellenvironment to build ENE. Nevertheless, our research in ENE seems so poor, so this articleaims to do a systematic research in ENE, give rational suggestions to build ENE in China, anddevelop the building of Diversified Dispute Resolution.Except Introduction and Conclution, this article is divided into severn chapters, a total of 180,000. The main research thoughs and views of every chapter are:Chapter one includes ENE’s definition, characters, nature, history and development. Thisarticle deems that so call ENE is, in the early stage of life of case, through the neutral thirdparty who is qualified and has no interests with the case, evaluates the case for both partiesequally, makes report including advantage and disadvantage of both parties, suggestion forparties when parties consent to do this, and helps parties make exact decision: to choosesettlement, mediation, civil procedure, arbitration etc. which can lead to conclude directly thedispute. This chapter refers to both macroscopic and microscopic characters. This articledeems that, ENE is a ADR running in the early stage of life of case, to rectify erros of parties’cognitivation, giving early warning, indirect or oriented. This chapter compares ENE withjudgement, arbitration, evaluative mediation (mini trial) and other similar system. Thischapter aims to describe how ENE borning in Norther California state court of USA, anddevelopment in America and other Angolaw system countries.Chapter two aims to in the view of court, to research rules of extraterritorial ENE pattensand running fields. This chapter takes Norther California state court’s ENE for example, toshow a so call “pure” ENE. This chapter divides ENE’s running fields into level of system and level of carriers two parts to research. In particular, they refer to the principle ofregression procedure, the evaluative ADR and multi-door court.Chapter three mainly uses the view of cognitive psychology to uncover ENE’s runningmechanism. This part first analyses parties’ cognitivation errors, which are agent to ENE. Onthe basis of the analyses above, this chapter demonstrates how ENE being parties leadingmechanism to intervene into dispute. Among the demonstration, this chapter applies themethos of cognitive psychology to divide the procedure of problem resolution into severalparts: finding out problem, characterizing problem, choosing tactic, executing plan andevaluateing result.Chapter four refers to ENE’s advantages, disadvantages, clarifying of disadvantages andempirical research of extroterritorial patterns. For example, in a certain extent, ENE can avoidthe same critical views of ADR; being a right-oritented, indirect system, show its positiveeffect; comparing to judgement, arbitration, mediation, process its advantages. But the voiceof questioning ENE is still existing. It can divide in to partial questioning and totalquestioning. Referring to the former, such as the early evaluation hinders parties’following-up settlement; parties have to discover the materials unwilling discovering. Referring to the latter, such as ENE could destroy the equality between parties, could ruin thejustice value, could waste the resources. Acturally, several questioning voices are basing onthe cognitivaion of ENE’s pure nature. So, it deverses to give clarification to such voices.Referring to the extroterritorial patterns, this chapter roughly shows four courts’ ENE patterns.The result shows that, ENE run well and people involving into ENE felt satisfied. But a fewpatterns fixed a wrong position and existed the dangerous of system dissimilation.Chapter five, six and seven, refer to Chinese ENE. Chapter five locates in China’spractice, and divides the practice into three patterns: not ENE, expectant ENE and ENE. Inparticular, the systems which are not ENE, such as litigation risk disclosure of court, caseanalysis and litigation risk disclosure of lawyer, dispute review of arbitraion. The systemswhich are expectant ENE, such as the ENE of Xiang Tan arbitration and psychotherapistevaluation of Hai Cang district court. The systems which are the real ENE in China, such asENE of the E district court of the Pearl River Delta.Chapter six and seven aims to discuss how to build ENE in China. The necessities ofbuilding ENE in China are easing pressure of caseload in China and saving judicial resources;offering vent platform and avoiding invalid trials; optimization and supplement of lawsuit system. The feasibility of building ENE in China are reflecting in the environment, supporting,barrier breaking, system integration and smooth etc. The way of building ENE in China, thischapter first bases on the experiences of extroterritorial patterns, to locate ENE exactly. Weshould not exert those unrealistic advantages into ENE. The exact system should be main aimto evaluaion, pure, indirect, main running in courts, processing the flexible way of charging,both compelling and volunteer, and holding before open session of first trial.Chapter seven aims to in the view of court,comparing the extroterritorial patterns,discuss about how to build ENE in China. Such as the details of procedure designation, themanaging system and security measures designation, and rules which displayed in the patternof rule draft aiming to conclusion.