The parties present their case to an evaluator, usually a senior barrister or judge-type ‘neutral’. They review the papers, sometimes hear short submissions, review any expert evidence that’s been agreed to be included in the process and then give an opinion on the likely strengths and weaknesses of each side. It’s not a formal hearing with witnesses or cross-examination, it’s an informed, independent view based on the evidence available.
Areas of Expertise
- Commercial Business Disputes
- Commercial Contracts
- Employment & Workplace Issues
- Property Disputes
- Family Finance Property
- Professional Negligence
- Construction
Early Neutral Evaluation (ENE) is one of the main forms of Alternative Dispute Resolution (ADR). It offers an independent, expert assessment of each side’s case at an early stage, helping parties make informed decisions about settlement or the next steps. While it is not binding, it often saves time, reduces costs, narrows down the issues and avoids unnecessary litigation.
ENE involves an impartial evaluator giving a balanced, expert view of the strengths and weaknesses of each side’s position. Although the opinion is not binding, it helps parties focus on the main issues, gain clarity on risk, and move negotiations forward.
ENE is especially useful where parties are far apart in their positions but want a realistic assessment before committing to further litigation or negotiation. It can highlight which arguments are most persuasive and identify the key issues to resolve, making later discussions more productive.
Trinity’s ADR team of senior barristers include sitting judges, accredited mediators and arbitrators specialising in a wide range of practice areas, bringing both legal expertise and practical insight. Their goal is to help clients gain a clear, objective view of the case, so negotiations can proceed with confidence and focus.
Early Neutral Evaluation (ENE) — FAQs
Is ENE binding on the parties?
No. The evaluator’s opinion is in effect an expert view. The parties don’t have to accept it, but in practice, it often helps to focus minds, narrow the issues, and push settlement discussions forward. If both sides agree, they can then turn an agreement into a binding settlement.
ENE works best where the parties are a long way apart but want a clearer sense of the risks of going to Court or Arbitration. It may also be a trigger to start or resume negotiations. It is often used in contract interpretation, professional negligence, employment law issues, construction disputes and family financial disputes. An early opinion can prevent unnecessary legal costs and help resolve matters before formal proceedings begin.
It can usually be organised reasonable quickly, once the parties agree to try it. The evaluation itself might take place in a single day, after the papers are exchanged. For more complex disputes, it may take a little longer, but it is still quicker than waiting for a full trial or hearing.
The parties agree to use it and appoint an evaluator. At Trinity ADR, our clerks can suggest barristers with experience in the right area. Once appointed, the evaluator will set out what documents they need and how the process will run.
Is the ENE process confidential?
Yes. Like all ADR methods, ENE is entirely private. The evaluator’s opinion and any discussions cannot be referred to in later proceedings unless both parties agree.
Yes. Trinity ADR offers ENE sessions in person, remotely, or as hybrid evaluations, depending on the parties’ preference and the complexity of the case.