What Is Early Neutral Evaluation?
A Clear, Plain-English Guide
Early Neutral Evaluation (ENE) is an early-stage dispute resolution process where an independent, neutral professional reviews the key issues in a dispute and provides an objective, impartial assessment.
The purpose of ENE is to help people understand:
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How their case is likely to be viewed
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The strengths and weaknesses of each position
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The risks of continuing the dispute
ENE does not decide the outcome and does not impose a solution.
Why ENE Can Be Helpful
Disputes often escalate because both sides believe they are clearly right. ENE helps introduce realism and perspective early on.
ENE can:
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Reduce uncertainty
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Reframe unrealistic expectations
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Encourage sensible settlement discussions
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Prevent unnecessary escalation
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Save time and cost
Many disputes resolve shortly after ENE because parties feel better informed.
What Happens in an ENE Process?
While each case is tailored, ENE usually involves:
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A review of the key issues and information
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Consideration of legal, factual or practical points
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A neutral, written or verbal evaluation
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Guidance on likely outcomes and risks
Everything remains confidential.
When ENE Is Most Suitable
ENE is commonly used in:
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Commercial and contract disputes
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Professional or regulatory matters
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Complex or high-value disagreements
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Situations where mediation has stalled
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Early stages of disputes to prevent escalation
ENE can be used on its own or alongside mediation.
What ENE Is Not
ENE is not:
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A court judgment
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Arbitration
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Legal advice
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A binding decision
The parties remain fully in control of what happens next.
ENE as Part of Early Resolution
ENE is often used as a gateway to settlement, helping parties decide whether mediation, negotiation or another route is appropriate.
ENE services are provided as part of Early Resolution by Mediation Agency.