Early Neutral Evaluation

Early Neutral Evaluation (ENE) is a method of alternative dispute resolution (ADR). It is a flexible way to resolve disputes without the parties having to engage in full-scale litigation. Like other alternative dispute resolution (ADR) methods, including mediation, one of the main attractions of ENE is the flexibility it offers to resolve disputes at comparatively less cost and in a timely manner. It may also be conducted without a physical hearing. These factors have contributed to renewed interest in ENE as the social distancing and economic uncertainty connected with the pandemic.

Why use ENE?

Flexible and can be a short process, it will focus the parties’ minds on the key
issues at stake.
A wide range of disputes can be covered, from construction and general commercial cases to family and financial
disputes.
The evaluator will give a realistic assessment of prospects of success of each side and the process, including exposing weaknesses in a case enabling a party to negotiate more realistically.
When parties understand their legal position from the perspective of a neutral expert, they may be more prepared to come to the table and
negotiate.
The parties may give more credence to the views of an independent lawyer or
expert than the indications of a mediator who is constrained by their role in terms of what they can say on the merits.
ENE may be useful where the parties are seeking an indication on how a
discretion might be exercised. ENE tends to be useful to address disputes over matters of legal interpretation such as construction of a contract or terms of a will.

Our Expertise

We specialise in providing ENE services in many different sectors across the commercial law spectrum. Get in touch to find out more about our prices and expertise.

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