Resolution without Litigation

Early Neutral Evaluation (ENE) is a structured, non-binding process in which the parties present their case summaries to a neutral evaluator—often a legal expert or experienced practitioner—who then provides an informed assessment of the strengths and weaknesses of each side’s position. ENE is typically used early in the dispute timeline, before discovery or trial preparation begins in earnest.

ENE can be highly effective in clarifying legal issues, testing the viability of arguments, and promoting settlement discussions. It gives parties a realistic sense of how their case may fare in litigation or arbitration, often leading to more informed and strategic decisions. By receiving an objective, third-party perspective, parties can recalibrate expectations and avoid unnecessary costs.

The ENE process usually involves a short joint session where each party presents a brief overview of their claims and evidence. The evaluator may ask questions, request follow-up submissions, and then provide a written or oral evaluation. This evaluation is confidential and non-binding, meaning the parties are free to disregard it—but often, it serves as a catalyst for settlement.

ENE is most effective when the evaluator is experienced, credible, and well-versed in the applicable legal or industry context. The process is best suited for disputes where the law is unsettled, the facts are in conflict, or one or more parties may benefit from a reality check.

When used thoughtfully, ENE can save time, preserve resources, and pave the way for resolution by anchoring the parties in an objective legal framework. It is not a substitute for mediation or litigation, but rather a complementary tool that can sharpen focus and narrow disputes.