Early Neutral Evaluation (ENE)

Early Neutral Evaluation ("ENE") provides parties in dispute with an early and frank confidential evaluation of the legal merits of a dispute. The judge will study all materials provided in advance of the ENE, perform independent research into relevant case law as necessary, consider presentations carefully (written and/or oral), clarify positions and facts through questioning, and then prepare a carefully worded, but direct evaluation.

Unlike mediation, ENE focuses specifically on the key issues raised by the facts of a case and the relevant law. It need not however be confined to the arguments raised by the parties. An ENE judge reviews all of the available evidence and gauges what is likely to happen at a trial. The ruling is without prejudice and is non-binding, it is an effective way of facilitating an out of court settlement of a high-value case prior to a formal judicial ruling.

The ADR Group ENE panel is made up of four retired Law Lords (The Rt. Hon. Lord Griffiths of Gavilon, The Rt. Hon. Lord Lloyd of Berwick, The Rt. Hon. Lord Mustill and The Rt. Hon. Lord Nolan) and a senior member of the Judiciary (Sir John Vinelott). An ENE will cost £7,500 (written submissions only) or £10,000 (written and oral presentations) with costs usually being split equally between the parties.

As with our mediation services, if you are not sure if your case would benefit from an ENE then we are able to offer you guidance.

Enquire about ADR Group’s ENE services Click Here »