Early Neutral Evaluation (ENE) is a process some courts utilize in an attempt to resolve custody, parenting time, or money disagreements outside of the formal court setting. It is voluntary – you and the other individual decide if you wish to do it or not. You may not want to agree to an ENE if:
- You are afraid of the other party;
- The other party has previously abused you;
- The other party has representation through an attorney and you do not;
- You believe you cannot be honest about your concerns in front of the other party; or
- You think the other party will not be honest.
Many times, when people learn how a judge may probably rule they are more willing to work out an agreement. If one party discovers they do not have a strong case, they might be more susceptive to working out a compromise. For the majority of the people, ENE is the first time they have had a neutral setting to discuss things with each other and receive input from others with experience.
Due to this, people are more willing to try to understand the other side and work things out. Additionally, because an ENE can save you time and money there is more reason to make it work.
What are the Different Types of ENEs?
In the State of Minnesota, there are mainly two types of ENEs. The first is the Social ENE (SENE) which is for custody and parenting time issues. The second one is the Financial ENE (FENE) which is used for the division of property disagreements. In these cases, the property includes debts. The ENE is managed by neutral evaluators who are experienced family law professionals, accountants, or custody and visitation psychologists. Generally, each county sets up procedures, timelines, and fees and has lists of evaluators. It is best to check the local state’s ENE process and decide if it is an option for you.
You and your partner, or your lawyers, choose evaluators from a list the court provides you.
In both divorce and custody cases, you need to figure out legal custody, physical custody, and parenting time. A SENE will assist you in dealing with the three issues mentioned earlier. In most cases, a SENE can only be ordered by the judge. Some counties may refer you to Family Court Services for a SENE, but other counties send you a list of evaluators that you can choose from. The evaluators are generally lawyers or other professionals who work with family issues as stated above. A list of these evaluators is available online at your county’s judicial website for your use.
You, the other party, and your lawyers if you have them, meet with two neutral evaluators. One male and one female for fairness. The SENE occurs within 1 to 3 weeks. Typically, about 3 hours are scheduled for the SENE. But it could be done faster or take longer. There is usually a deadline to get it done. The judge will order that the SENE be done within a certain period. It is usually 45 days.
Furthermore, a FENE guides you through financial issues. In a divorce, it deals with child support, spousal maintenance, division of property (for instance real estate, vehicles, or retirement accounts), division of debt, and any other financial issues you have. In a custody case, a FENE only assists you with child support issues.
Keep in mind that some counties refer you to Family Court Services for a FENE, but other counties provide you with a list of evaluators that you can decide from as stated above. Usually, a FENE happens after custody and parenting time issues are settled. Therefore, if you do a SENE, the FENE can be 1 to 3 weeks after that.
You, the other party, and your lawyers can arrange a meeting with one neutral evaluator. The FENE typically occurs within 1 to 3 weeks. Either 3 or 6 hours are scheduled for the FENE. But it could be done faster or take longer. The judge will order that the FENE be completed within a certain period. It is generally 60 days.
What Happens at the ENE?
You can be in one room or separate rooms. Each individual has the opportunity to share their side of the story. The person who initiated the divorce or custody action (the Petitioner) goes first. As a note, this is not a formal court presentation. The evaluators may request questions. While one person is speaking, the other cannot interrupt or react in any way. It is crucial to remain calm and collected throughout this process.
After, the other person has the same chance to showcase their side. Again, evaluators may ask questions. The other person is not permitted to interrupt or react. Next, the evaluators meet alone for about 15 minutes. When they return they inform you what they believe will happen if the case ends up going to court and a judge decides. Afterward, the entire group begins discussing ways to reach an agreement. Remember, you may agree on some or all of the things.
At the end of the ENE, the evaluators draft a report listing the agreements that you decided on. If everything is resolved, the evaluators inform the court that the parties have reached an agreement. If this occurs you may not have to attend court again. But if only some issues are resolved, then the evaluators notify the court about the agreements made. The rest will be handled by the court. If no agreements are decided on custody, the court could have a custody evaluation completed or set your case for a trial. If no agreements are decided, there will be a trial, and everything is decided by the court.
Does the Court Know What Happens at the ENE?
The court will only be aware of the agreements you and the other person made. All other information is kept confidential. The court will not know about conversations, opinions, or things you did not agree on during the ENE. This ensures that the court procedure is not affected by information from outside the courtroom.
But it is important to note that just because the information was brought up in the ENE does not necessarily imply that evidence may not be introduced later in court proceedings. For instance, if a child’s report card is introduced in the ENE, it can also be introduced in court. But no one present at the ENE is allowed to speak about conversations they had about the report card at the ENE.
How can Parties Learn More about ENEs?
According to the American Bar Association, in Minnesota, as soon as a family-law-related case is filed with the court and a judicial officer is assigned, an initial case management conference, called an ICMC, is scheduled. The parties and their lawyers (if they are represented) attend this in-court conference. The general practice is that no motions can be handled and no formal discovery can be conducted pending the completion of the ICMC. During this informal court appearance, the judicial officer discusses the issues of the case and the possible utilization of dispute resolution processes. The ENE processes are explained as possible options.
If parties are arguing over financial issues such as child support, spousal maintenance, or marital property valuation and division, they might choose a FENE. If people disagree about social issues such as child custody and parenting time, then a SENE is considered an option. Both social and financial early neutral evaluations have significantly reduced animosity between parties, lowered costs, and saved time between initial filing and resolution. They have also resulted in more settlements – and more settlements that parties have honored to stand by.
When Do I Need to Contact a Lawyer?
ENEs are a time and cost-effective way to figure out how your case may turn out. If you are interested in learning more about it or participating in one do not hesitate to contact a local divorce attorney near you to assist you with the process.
