Early neutral evaluation is where an independent person (usually a judge or lawyer) is appointed to give a non-binding opinion on the merits of the parties’ cases. The opinion can help you and the other party decide how to proceed, for instance by reaching a settlement, or trying a different form of dispute resolution.
Sometimes a judge or a tribunal will order or encourage you to use early neutral evaluation to resolve a dispute.
When to use early neutral evaluation
Early neutral evaluation is most suitable during the early stages of a dispute, helping both sides to save time and money.
It is often used to help each side understand the risks and costs they will incur if the dispute is not settled.
It can also be used to evaluate smaller parts of a wider dispute that is being decided in court or at a tribunal.
Advantages and disadvantages of early neutral evaluation
Advantages
- Early neutral evaluation is cheaper and quicker than going to court to resolve a dispute.
- It can help address technical and complex cases.
- Early neutral evaluation is private – the outcome will be confidential.
Disadvantages
- It does not provide remedies, such as damages or injunctions.
Using early neutral evaluation to help resolve a dispute
Step 1: Invite the other party to agree to early neutral evaluation
If you’d like use early neutral evaluation to resolve a dispute, contact the other party to suggest it. Explain the benefits and ask them to give their answer by a set date.
In some cases you might be instructed to use early neutral evaluation by a court or tribunal.
Step 2: Choose an evaluator
Both parties to the dispute need to agree on the choice of evaluator. You should choose someone with knowledge of the subject in dispute.
You can search for an evaluator online, including at:
If you’ve been instructed to use early neutral evaluation by a court or tribunal, they may appoint an evaluator.
Step 3: The early neutral evaluation session
Early neutral evaluation can happen:
- in person, such as at the office of the evaluator
- online, if the parties prefer a virtual meeting
- “on paper”, where the evaluator makes a decision based on written evidence and submissions, without anyone attending in person
Each side gives a short summary of their facts, evidence and legal arguments.
Step 4: Outcomes
The evaluator reviews the material and gives their view on the strengths and weaknesses of each side.
Step 5: Enforcing early neutral evaluation
The expert evaluator’s opinion is non-binding and they cannot force you to reach a final decision.
Who pays for early neutral evaluation
You will usually split the evaluator’s fee equally with the other party.
If early neutral evaluation does not work
If your dispute is not resolved by early neutral evaluation, you could try a different type of alternative dispute resolution.
In some cases it might be necessary to go to court or a tribunal.
- Last updated:
- 21 September 2026
- Next review:
- 21 September 2028
Related content
Steps for resolving a problem with your landlord (freeholder) or managing agent
Advice guideHow to resolve a leasehold dispute at a tribunal, including types of case, costs and the process
Advice guideHow to take legal action at the County Court to resolve a leasehold dispute
Advice guide