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Mediation and ADR

Early neutral evaluation (ENE)

Also called ENE or neutral case evaluation

An ADR process in which an experienced neutral, usually a lawyer who knows the subject, hears both sides early in a case and gives a confidential, non-binding assessment of its strengths and likely value.[1]

In more detail

In the Northern District of California's program, the evaluator identifies areas of agreement, writes a private evaluation that can include the likely outcome and a range of damages, and may then help the parties try to settle.[1] The evaluation is not shared with the trial judge, and the case stays on the litigation track if it doesn't settle.[1] Federal law lists early neutral evaluation among the ADR processes district courts may offer.[2]

Varies by state

Whether a court offers ENE, and what it calls it, differs by court. Find your state’s rules.

Related terms

  • Evaluative mediationA style or process in which the neutral gives an opinion on the strengths and weaknesses of each side's case, or on what a court might do, to help the parties settle.
  • NeutralAn impartial person with no stake in the outcome who helps the parties resolve a dispute.
  • Alternative dispute resolution (ADR)Ways of resolving a legal dispute without a trial, such as mediation, arbitration, early neutral evaluation and settlement conferences.
  • Settlement conferenceA meeting where the parties and their lawyers try to settle with the help of an impartial person, often a judge or experienced lawyer, who may evaluate the case and suggest terms.

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Sources

The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.

  1. Early Neutral Evaluation (ENE)cand.uscourts.govchecked ↩
  2. 28 U.S.C. § 651 (Alternative dispute resolution: authorization, definition)govinfo.govchecked ↩

General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.

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MediationList. (2026, October 28). Early neutral evaluation: Definition. https://mediationlist.com/glossary/early-neutral-evaluation/

APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.