Early Neutral Evaluation and private FDRs

Supporting early resolution

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1. What is Early Neutral Evaluation?

Early Neutral Evaluation (ENE) involves an experienced neutral expert (usually a retired judge, or a specialist barrister or solicitor) providing an early, informal view on the likely outcome of your case. The neutral expert reviews the key evidence before meeting with both parties and their legal teams. Each side explains their position, and the evaluator gives an informed “indication” of what a court would likely decide based upon the facts – serving as an anchor to help guide settlement discussions.

ENE can be used to resolve both children and financial disputes (when it is usually known as a private Financial Dispute Resolution appointment or “private FDR”).

Unlike arbitration, the evaluator doesn’t impose a decision. Instead, their opinion serves as a powerful guide. Often, this indication becomes the foundation for a settlement or a benchmark for effective negotiations.

  • Privacy. The venue can be far more discreet than a busy court building, which is particularly helpful for high-profile individuals or in sensitive circumstances.
  • Confidentiality. Appointments are held on a “without prejudice” basis, meaning you are free to negotiate without any proposal you make being repeated should your case proceed to a final hearing.
  • Comfort. More flexible and comfortable than a court-based FDR as you and your partner can select a suitable date and venue.
  • Specialist judge. The judge will be a financial specialist (not always the case at court where the judge may be better versed in children matters). They will have read the papers and will have plenty of time to see you when you require their input, which is often not the case in court.
  • Speed. Private FDRs can be booked on a date of your choosing (subject to the judge’s availability) at relatively short notice.
  • Success rate. Around 80% of cases settle just after the private FDR stage.
  • More power. Being able to agree an outcome is preferable to having one imposed on you by a judge.

You can read an example of a client’s successful private FDR in this short case study. You can also learn more about why private FDRs provide a safe space for high-net-worth clients to reach settlement in this article written by members of our team.

How we can help

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Away from the courts
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Mediation
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Collaborative practice
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Arbitration