Early Neutral Evaluation (ENE)

Governing rule: ADR Local Rule 5 (.pdf).

Goals:

The goals of Early Neutral Evaluation (ENE) are to:

enhance direct communication between the parties about their claims and supporting evidence,

provide an assessment of the merits of the case by a neutral expert,

provide a “reality check” for clients and lawyers,

identify and clarify the central issues in dispute,

assist with discovery and motion planning or with an informal exchange of key information, and

facilitate settlement discussions, when requested by the parties.

ENE aims to position the case for early resolution by settlement, dispositive motion or trial. It may serve as a cost-effective substitute for formal discovery and pretrial motions. Although settlement is not the major goal of ENE, the process can lead to settlement.