Settlement and Alternative Dispute Resolution

ADR

Early Neutral Evaluation

Early Neutral Evaluation

Early Neutral Evaluation

In early neutral evaluation the parties make abbreviated presentations to an experienced neutral who provides a frank assessment of liability, damages, and likely outcome. It is non-binding and confidential.

Some districts include it in mandatory ADR programs.

Alternative Names:

ENE, Neutral Evaluation

Why it Matters?

The value is timing, since an assessment delivered before discovery costs accumulate can redirect a case that both sides have misjudged. It differs from mediation because the neutral evaluates rather than facilitating, which can move a party that discounts its own counsel's assessment. Preparation quality determines the assessment's usefulness, since a superficial presentation produces an evaluation neither side credits.

Frequently asked questions

How does evaluation differ from mediation?

What determines its usefulness?