Early neutral evaluation
Our experts guide you through Early Neutral Evaluation by providing expert, unbiased insights to help resolve disputes quickly and cost-effectively.
Independent legal opinions to help clarify complex family disputes and support informed decision-making.
Early Neutral Evaluation (ENE) is a form of alternative dispute resolution where an independent legal expert assesses the strengths and weaknesses of each side’s case early in the process. The evaluator provides a non-binding opinion on the likely outcome, helping parties gain a clearer perspective and encouraging settlement without the need for a full trial.
ENE is particularly useful in family law matters such as divorce, child arrangements, and financial disputes, offering a quicker, more cost-effective and less adversarial route to resolution.
- Our flexible approach allows you to choose the level of support you need, with clear pricing and no unnecessary work.
- Trusted family law experts who advise families with practical solutions that prioritise children’s wellbeing.
- With the support of our in-house mediator, we help clients find constructive solutions wherever possible, reducing conflict, minimising costs and avoiding the stress of court proceedings.
- Backed by a leading full-service law firm, with access to other specialist legal advice whenever you need it.
What happens in Early Neutral Evaluation (ENE)?
As you prepare to enter the ENE process, it is helpful to know what to expect so you feel confident and informed every step of the way.
Preparation and submission: We will work with you to prepare a clear summary of your case, including key facts and legal arguments, which will be submitted to the evaluator in advance.
The ENE session: The meeting can be held in person, remotely, or in writing, and the evaluator will review both sides’ positions, ask any necessary questions, and assess the key issues in dispute.
Evaluator’s opinion: You will receive a confidential, non-binding opinion on the likely court outcome, helping you understand the strengths and weaknesses of your case.
Next steps: We will guide you through your options following the evaluation, using the feedback to support negotiation or further resolution such as formalised agreements.
Early Neutral Evaluation FAQs
Is the opinion given in ENE binding?
No, the evaluator cannot determine matters in the way that a court or an arbitrator can. The evaluation provided during ENE cannot be referred to in any subsequent court proceedings. The ENE is designed to consider without prejudice positions, so that the evaluation aids settlement.
ENE can be conducted in the manner of a traditional hearing, either in-person or remotely via video platforms. These can range from a full day ‘hearing’ to shorter discrete issue sessions.
When should we consider ENE?
ENE is intended to help parties as early as possible so that they can cut through matters before incurring significant expense or becoming entrenched in a dispute. However, it can be used at any stage.
It is common for couples to consider mediation first when it comes to resolving disputes, before moving to ENE to unlock key points that were otherwise unable to be resolved by agreement. It helps to collate everything in advance, something we can guide you on if required.
How is ENE different to mediation?
With ENE you are given an opinion, based on legal expertise and experience, on what your outcome would likely be if you were at court. The evaluator’s role in ENE is to provide opinion and it is then for the two parties to seek to resolve matters with the benefit of that insight. In contrast, a mediator does not provide any legal opinion and will only provide information but will use skills and techniques to help resolve a dispute.
What are the advantages of ENE compared to going to court?
ENE offers many advantages when compared to the traditional court process:
A bespoke service – you choose what it is that you want assistance with and agree what documents need to be produced.
Speed – ENE can be arranged at short notice.
Cost savings – this process is generally faster and more streamlined so incurs less costs.
Efficiency – if you attend a court hearing you are likely to waste time and costs waiting around for the judge to be ready to hear your case. With ENE the evaluator dedicates time exclusively to you and is available as and when needed.
Comfort – session length, time and location can all be dictated by you to make it as easy as possible.
Agreements that endure – reaching an agreement after ENE is often better than a solution that is imposed by a court and is more likely to be adhered to.
Privacy – any venues used for ENE are likely to be more discreet than a public court building.
What types of dispute are suited to ENE?
Early Neutral Evaluation (ENE) is well-suited to a range of disputes, particularly in family law where an impartial opinion can help clarify legal positions and encourage resolution. It is commonly used in divorce and separation cases, especially where there are disagreements over the grounds for divorce or specific terms. ENE is also highly effective in financial disputes, such as the division of assets, pensions, or spousal maintenance, and in resolving issues around child arrangements, including living and contact arrangements. Beyond family matters, ENE can be beneficial in property disputes following relationship breakdowns, and in inheritance or trust conflicts where parties contest ownership, entitlement, or interpretation of a will.
Do we need separate solicitors if we engage in ENE?
No, you don’t need to separate solicitors to engage in Early Neutral Evaluation (ENE). While the ENE process itself is led by a neutral evaluator who provides an impartial opinion, having your own solicitor ensures that your interests are properly represented, your case is clearly presented, and you fully understand the implications of the evaluator’s opinion.
Are there any disputes that are not suited to ENE?
ENE may be less effective where one or both parties are unwilling to engage openly or are not prepared to negotiate in good faith. It’s also not ideal in cases involving urgent issues such as domestic abuse or safeguarding concerns, where immediate court intervention and protective measures may be necessary. Similarly, ENE is not appropriate if there are significant disputes about basic facts that require evidence to be tested through cross-examination, which the ENE process does not provide.
How long does the ENE process typically take from start to finish?
The Early Neutral Evaluation (ENE) process is generally much quicker than going to court. From start to finish, it typically takes a few weeks to a couple of months, depending on the complexity of the case and the availability of both parties and the evaluator. The ENE session itself usually takes place over the course of a few hours or a day, and the evaluator’s opinion is often provided shortly afterwards.
How much does ENE cost?
The cost of Early Neutral Evaluation (ENE) varies depending on the complexity of the case and the fee of the evaluator, but it is generally significantly more cost-effective than going to court. You will typically need to cover the evaluator’s fee, which is often split between the parties, as well as any legal costs for preparing your case.
Please contact our experienced family law solicitors for a personalised quote and a clear breakdown of the costs involved.
What happens if we still cannot agree after receiving the opinion?
Generally, the prospects of success are good. Approximately 4 out of 5 couples settle at, or shortly after the FDR hearing in the court process. The statistics for private processes are thought to be better still. However, if you still cannot agree you will be signposted to alternative services that can help determine matters for you, including arbitration.
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