ENE involves both parties seeking an evaluation of their matter from a neutral third party.
It is important to note that once a barrister has been engaged to assist through ENE they cannot then be retained to represent either party in any future litigation between them.
ENE may be useful to parties who have been through a Mediation Style Conference and who then wish to receive the mediator’s view about the dispute between them but also the steps they may need to take to efficiently progress litigation and narrow the issues for trial.