Early Neutral Evaluation

Early Neutral Evaluation (ENE) can be a helpful dispute resolution process when the dispute turns on a point of law.  Each party submits an outline of their case and a neutral third party – a retired judge or senior lawyer – provides a confidential opinion setting out how they think the issues would be determined at trial. 

Benefits of ENE

Any ENE process can be as straightforward, or detailed, as the parties want it to be.  It can be carried out entirely on paper, saving parties the time and the expense of an oral hearing.  

The outcome of the neutral evaluation can then be used as a basis for a settlement or further negotiation. Since the parties will have an objective view of the strengths and weaknesses (in legal terms), the process of resolution should be quicker and simpler.

Use of independent judges in England and Wales and Scotland

Civil procedure rules in England and Wales provide for circumstances where the courts will assist by providing an independent judge (i.e. not the judge presiding over the case) to give a  confidential opinion. Such opinions are without prejudice and of no binding effect but have the benefit of providing parties with a neutral and objective view of the relative strengths and weaknesses of their cases.

Whilst the court rules in Scotland do not make express provision for such a process there is judicial willingness for this to be done in appropriate cases.  

Full support

Neutral evaluation is less well-known in the commercial world than ADR methods such as mediation and arbitration. However, our dispute resolution team can guide you through the pros, cons and key steps for using it effectively.