What to Expect in an Early Neutral Evaluation

Early neutral evaluation (ENE) is a non-binding process in which an independent neutral evaluates the strengths and weaknesses of each party’s claims and defenses under applicable law. After review of arguments and facts, the evaluator provides a written report to the parties with independent conclusions. The report is confidential and cannot be used in the proceedings in any way. However, it provides an independent assessment of the case and may help the parties in their own settlement discussions.

The ENE brief

The neutral will ask each party to submit a brief, discussing the dispute and the legal positions of each side. The brief is not formally “ruled” on, but it will flag to the neutral what each side believes is important.

Short half-day hearing

The evaluator will schedule a hearing that will not last longer than half a day. Each side, either directly or via counsel, will have 20 minutes to present its case. The evaluator will ask questions to each side. The evaluator will provide tentative thoughts as to conclusions related to the disputes.

Written report

After the hearing, the evaluator will finalize a written report regarding the dispute. The evaluator will provide a reasoned opinion as to the strengths and weaknesses of each side’s case, and any additional information provided at the hearing. The evaluator will make a written determination as to who appears to have the stronger case.

Good faith and cooperation

Each party is expected to participate in good faith in the ENE process and to cooperate with the neutral.

Confidentiality

All content generated in the ENE process, including the submissions of the parties and the ENE evaluation report are confidential and cannot be used in the underlying litigation.