HomeNeutral EvaluationUse casesDifferences & disputes
TN/USE/20
Edition 2027 · effective 1 January 2027
Differences & disputes · The merits of a claim
Both sides are sure they would win. They cannot both be right.
Early Neutral Evaluation gives the parties an independent, confidential view of the merits so they can settle, narrow the issues or proceed with realistic expectations. Courts in the United States and in England use it.
§ 01The evaluation question
What the evaluator is asked.
“How strong is each side’s position, and what is the likely range of outcomes if it is decided?”
(The question)
Commissioned by. Both parties, or a court referral
When. Before costs escalate
Usual protocol. A · Joint-party evaluation
The English Court of Appeal held that courts can order Early Neutral Evaluation even without the parties’ consent (Lomax v Lomax [2019] EWCA Civ 1467).Herbert Smith Freehills Kramer, ADR notes · 2019 ↗
§ 02What is examined
The evidence, and the output.
The evidence
Material reviewed, and what was not available, is always stated.
- Pleadings or position papers
- Key documents
- The law and how it applies
- Likely outcomes and their range
A reasoned, non-binding view on the merits
A reasoned view. The decision stays with you.
- It will not: a binding decision
- It will not: advice to one side
§ 03Depth and time
Usually: Early Neutral Evaluation.
An independent view of the merits of a difference. Typical time: One to four weeks.
§ 04Your version
Every case is different. Frame yours.
§ 05Related