What is Early Neutral Evaluation?
Early Neutral Evaluation (ENE) provides an objective, non-binding assessment of a dispute by an experienced neutral. The evaluator reviews key facts, legal issues, and risk exposure, then offers candid feedback to help counsel refine strategy and explore resolution opportunities.
- Objective analysis of claims and defenses
- Non-binding feedback on liability and damages
- Practical guidance on negotiation ranges
- Strategic input to streamline discovery and motion practice
ENE is not arbitration—the evaluator does not decide the case. Instead, the process equips parties with informed perspectives to drive efficient next steps.
When to Use Early Neutral Evaluation
Attorneys leverage ENE when they need clarity and direction early in the lifecycle of a case:
- Before costly discovery or expert retention
- When client expectations need calibration
- To validate or pressure-test litigation strategy
- To anchor productive settlement discussions
Benefits of Early Neutral Evaluation
Strategic Clarity
An experienced neutral spotlights strengths, vulnerabilities, and key proof gaps—helping counsel prioritize what will actually move the needle.
Cost & Time Savings
Targeted guidance can narrow discovery, reduce motion practice, and avoid dead-end theories, conserving client resources.
Negotiation Readiness
ENE offers reality-testing that informs opening positions, brackets, and walk-away points for mediation or direct talks.
Confidential & Non-Binding
The evaluation is private and advisory; parties retain full control over next steps and case direction.
The ENE Process
- Intake & Scoping: Counsel aligns with the neutral on issues, timeline, and materials to review.
- Submissions: Targeted briefs, key documents, and optionally short statements from fact or expert witnesses.
- Conference: Evaluator meets with counsel (jointly and/or in caucus) to clarify facts, theories, and objectives.
- Evaluation & Feedback: Oral and/or written analysis covering liability, damages, proof risks, and suggested settlement ranges.
Why Choose Conclude ADR for ENE?
- Subject-Matter Depth: Evaluators with real-world trial, arbitration, and industry experience.
- Actionable Deliverables: Clear, practical takeaways you can implement immediately in litigation or negotiation.
- Flexible Format: Written evaluations, live conferences, or hybrid approaches—virtual or in-person.
- Transparent Pricing: Scoping aligned to your budget and the complexity of issues.
Related ADR Services
ENE often pairs well with other processes to accelerate resolution:
Matters Where ENE Excels
ENE is particularly valuable where early merit signals and risk sizing can reshape the path forward:
- Commercial contracts and business torts
- Shareholder and governance disputes
- Intellectual property and technology matters
- Regulatory, compliance, and investigations
- Complex insurance coverage questions
Need an objective read on your case? Engage an evaluator from our roster.