Document Type

Blog Post

Publication Date

2-26-2025

Abstract

Early Neutral Evaluation (ENE) is a form of Alternative Dispute Resolution (ADR) designed to help parties resolve disputes more efficiently. It is an increasingly popular method encouraged by courts and private providers alike. ENE involves a neutral third party, often an experienced attorney or retired judge, who assesses the strengths and weaknesses of each party’s case early in the dispute. The primary goal is to encourage parties to focus on the strengths and weaknesses of their cases and their opponent’s early in the litigation process, potentially avoiding unnecessary pre-trial expenses. ENE aims to facilitate a more informed negotiation process and expedite resolution before escalation to trial. It can serve as a cost-effective substitute for formal discovery and pre-trial motions. The process can act as a “reality check” for clients and lawyers, especially when they are far apart on the merits or value of the case. While settlement isn't the main goal, ENE can lead to settlement.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on February 26, 2025.

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