Which statement best describes Early Neutral Evaluation (ENE) in ADR?

• A. A form of negotiation where parties discuss issues in confidence.
• B. A service by ACAS for employment disputes.
• C. Similar to mediation but a third party expert makes a preliminary assessment and can be more proactive in suggesting solutions.
• D. A formal arbitration process with a binding decision.

Answer: (C)

Early Neutral Evaluation is an ADR process where a neutral expert assesses the dispute at an early stage and provides a non-binding view of the likely merits and outcomes, along with potential settlement options. It works like mediation in aiming to resolve the matter, but the neutral also offers a preliminary evaluation of the case and can be proactive in suggesting solutions, helping parties see the strengths and weaknesses of their positions and what a court or arbitrator might decide. It’s non-binding and designed to inform settlement rather than to produce a decision. It isn’t a service by ACAS and it isn’t formal arbitration with a binding ruling.