When Early Neutral Evaluation is the Right Choice

Independent assessment of strengths and weaknesses

Early neutral evaluation (ENE) works best when the perspective of an independent evaluator might be useful to provide a “reality check” regarding the dispute. Oftentimes in litigation, each party may believe that its case is much stronger than it truly is. Having a written, independent report that assesses the strengths and weaknesses of claims and provides conclusions as to who is likely to win may help the parties in settlement discussions.

A “mini-hearing” on the merits

The ENE process is a loose and expedited form of hearing on the merits. Briefs are provided to the evaluator showcasing the strongest claims and facts. A half-day hearing provides an opportunity to be heard and have an independent neutral weigh evidence and legal arguments. Some parties may appreciate the opportunity to participate in a mini-hearing of this nature while having the comfort of knowing that the process is non-binding.