Early Neutral Evaluation

Early Neutral Evaluation (ENE) is a confidential and non-binding form of dispute resolution sometimes used, usually on an ad hoc basis, in the construction and engineering sectors. It can be used to clarify issues relating to a dispute, be they factual, technical or legal.

The process is overseen by an independent party, usually a practicing or retired judge or QC who considers submissions from each party and then provides an objective and realistic view on the strengths and weaknesses of their respective cases. The intention is this view of the likely outcome of any legal action will form the basis of settlement negotiations and thus save costs in the longrun.

ENE can be used at any time, even while court proceedings are live, but it is voluntary and so requires the agreement of all parties.