Jurisdiction(s):
United Kingdom

Key definition

Early neutral evaluation definition

What does Early neutral evaluation mean? Early neutral evaluation (ENE) is an alternative dispute resolution process in which the parties ask an independent neutral to give a confidential, non-binding opinion on the merits of the whole case or on specific issues (for example liability, quantum or a point of law), to narrow issues and promote settlement. The evaluator is usually a senior lawyer, former judge or subject-matter expert. The process is set by agreed terms of reference and may proceed on papers alone or with short oral submissions. ENE is a descriptive term rather than a statutory definition. In England and Wales it has limited...

Early Neutral Evaluation (ENE) in civil litigation in England and Wales: suitability, procedure, agreements, benefits, court powers and judicial ENE under the CPR (including CPR 3.1(2)(p))

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note examines Early neutral evaluation (ENE), a type of Alternative dispute resolution (ADR).

What is ENE?

ENE involves the parties asking an impartial evaluator to provide a view on the strengths of the case or on discrete issues. Typically, the evaluator is a solicitor, barrister or subject-matter specialist. On occasion a judge may act in this role; see: Judicial ENE.

As with other ADR processes, the structure is agreed by the parties, but it commonly features:

a more interventionist approach than mediation; rather than shuttling between sides, the evaluator sets out, often in firm terms, their view of the probable result
the evaluator’s view is usually not binding
their assessment can provide a platform for later settlement discussions

As the evaluator’s view is typically non-binding and frequently delivered without the full factual record that a trial would reveal, a party holding a fixed stance may take issue with the...

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Web page updated on 21/05/2026

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