Acknowledgment Of Confidentiality Early Neutral Evaluation (ENE) Session {L2753}

L2753, ACKNOWLEDGMENT OF CONFIDENTIALITY EARLY NEUTRAL EVALUATION (ENE) SESSION, This form is provided to offer ADR Neutrals as a convenient means to inform participants of the applicable ethical and other rules. The participants in the ENE proceeding of this case agree that: 1. No written or oral communication made by any party, attorney, neutral, or other participant in preparation for or in any ENE session in this case may be used for any purpose in any pending or future proceeding unless all parties, including the neutral, so agree. This prohibition specifically applies to any written evaluation prepared by the neutral in the course of the ENE session. Disclosure of information that otherwise is privileged will not alter its privileged character. 2. The parties will not subpoena the neutral or any documents submitted to or prepared by the neutral during or in connection with the ENE process. The neutral will not testify voluntarily on behalf of a party. 3. This agreement will not preclude a report of information to the ADR Administrator or an inquiry by the Administrator regarding complaints against a neutral. 4. This agreement does not affect the admissibility of a written settlement agreement reached as a result of this ENE proceeding in an action to enforce that settlement. Adopted for Mandatory Use, L2753 (New February 2008). www.FormsWorkflow.com