In ENE, the neutral evaluator—often an experienced attorney or retired judge—reviews key aspects of the case and offers their perspective on its strengths, weaknesses, and likely outcomes. There are two main approaches to ENE:

1. Early Evaluation: In some cases, the evaluator shares their opinion early in the process, providing each party with a clear understanding of the strengths and potential pitfalls of their case. With this knowledge, parties can begin negotiating with a realistic view of possible trial results.
2. Post-Discussion Evaluation: In other cases, the evaluator provides an assessment only if the parties haven’t reached an agreement by the end of the session. This final evaluation gives the parties one last opportunity to reconsider their stance and work toward a resolution before deciding whether to proceed to court.

ENE’s goal is to guide both parties toward a fair settlement by offering an objective opinion that can shed light on the risks and rewards of further litigation.