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ARTICLE · 20 MAY 2026

Early Neutral Evaluation – The ADR Unicorn?

Gatehouse Chambers
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As injury lawyers, our regular ADR diet consists of Joint Settlement Meetings or Mediations, not so much Early Neutral Evaluation (ENE). It seems like the mythical unicorn of ADR – oft spoken of but rarely...

United KingdomLitigation, Mediation & Arbitration
Jasmine Murphy
Jasmine Murphy

As injury lawyers, our regular ADR diet consists of Joint Settlement Meetings or Mediations, not so much Early Neutral Evaluation (ENE). It seems like the mythical unicorn of ADR – oft spoken of but rarely seen in practice. When I was speaking about ENE to a large group of insurers at a recent seminar, a straw poll indicated that ENE was not being considered at all. Should we be making better use of ENE?

What is ENE?

ENE usually describes a non-binding evaluation by a qualified person of the merits of a case. This can be a judge-led procedure, as CPR 3.1(2)(p) anticipates, or arranged by the parties, for example tacked on to the end of a failed mediation using the mediator as the evaluator. ENE is usually consensual, but the court can order it to take place.

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