Overview
How does Early Case Management (ECM) Work?Early Case Management (ECM): ECM is the early involvement of a judicial officer in family court cases with the goal of resolving the case before the parties spend significant financial and emotional resources. This early involvement can help narrow the issues and assist with resolving the case as quickly as possible. ECM includes Initial Case Management Conference (ICMC), Early Neutral Evaluation (ENE), and other Alternative Dispute Resolution (ADR) processes.
Initial Case Management Conference (ICMC): The first meeting with the judicial officer is called an Initial Case Management Conference (ICMC). The judicial officer's involvement soon after the filing encourages the parties and their attorneys (if represented) to focus on resolving and narrowing the contested issues that are barriers to settlement. ICMCs are informal and off-the-record court appearances. At an ICMC, the judicial officer explains the option to participate in Early Neutral Evaluation (ENE) and other ADR processes; establishes how the court will track the case; discusses discovery limitations and deadlines; reviews settlement progress and settlement opportunities; and schedules future court appearances, if needed.
The court schedules the ICMC after the first filing by the parties. If an ICMC is scheduled, the hearing is mandatory for all parties and attorneys (if represented). Parties may be sent an ICMC data sheet. This form needs to be filled out and returned prior to the scheduled court date as instructed by court administration.
Unless otherwise ordered, participation in a Parent Education course must begin prior to the Initial Case Management Conference, effective August 1, 2021.
Early Neutral Evaluation (ENE): ENE is a confidential and voluntary alternative dispute resolution (ADR) process designed to facilitate resolution of custody, parenting time (visitation), and financial matters (such as child support and the division of property and debts) quickly, fairly, and in a cost-effective way. Qualified Neutrals work with parties early in a case, typically as soon possible following an ICMC and prior to the next scheduled court appearance, to reach agreements that will foster the best interests of the family. During an ENE, each party presents its view, the evaluator(s) then discuss the case and provide feedback to parties and their attorneys (if represented) of the strengths and weaknesses of each party’s claims; settlement options; and how the court may rule on the issues. The parties are able to confer with their attorneys (if represented) to discuss settlement. After conclusion of an ENE, the evaluator usually informs the court if the case has or has not settled. The evaluator may not provide further comment or recommendations to the court.
Social Early Neutral Evaluation (SENE): SENE is an ENE process that focuses on custody, parenting time, holiday schedules, and other non-financial issues related to the child(ren). In SENE, a two-person team of Neutrals typically work on the case.
Financial Early Neutral Evaluation (FENE): FENE is an ENE process that focuses on financial issues involved in a family court case, such as child support, dividing marital property, debts, and retirement plans. In FENE, one evaluator typically works on the case.
Moderated Settlement Conference (MSC): MSC is a confidential and voluntary ADR process typically used in the later stages of a family court case. MSC uses a Qualified Neutral to assist parties with the settlement process and resolve disputes.
Judicial Council Policies regarding ECM and ENE:
If you have a question regarding the statewide Rule 114 ADR Roster, including qualifications and continuing education requirements for the roster, visit the Alternative Dispute Resolution (ADR) website.
Initial Case Management Conference (ICMC): The first meeting with the judicial officer is called an Initial Case Management Conference (ICMC). The judicial officer's involvement soon after the filing encourages the parties and their attorneys (if represented) to focus on resolving and narrowing the contested issues that are barriers to settlement. ICMCs are informal and off-the-record court appearances. At an ICMC, the judicial officer explains the option to participate in Early Neutral Evaluation (ENE) and other ADR processes; establishes how the court will track the case; discusses discovery limitations and deadlines; reviews settlement progress and settlement opportunities; and schedules future court appearances, if needed.
The court schedules the ICMC after the first filing by the parties. If an ICMC is scheduled, the hearing is mandatory for all parties and attorneys (if represented). Parties may be sent an ICMC data sheet. This form needs to be filled out and returned prior to the scheduled court date as instructed by court administration.
Unless otherwise ordered, participation in a Parent Education course must begin prior to the Initial Case Management Conference, effective August 1, 2021.
Early Neutral Evaluation (ENE): ENE is a confidential and voluntary alternative dispute resolution (ADR) process designed to facilitate resolution of custody, parenting time (visitation), and financial matters (such as child support and the division of property and debts) quickly, fairly, and in a cost-effective way. Qualified Neutrals work with parties early in a case, typically as soon possible following an ICMC and prior to the next scheduled court appearance, to reach agreements that will foster the best interests of the family. During an ENE, each party presents its view, the evaluator(s) then discuss the case and provide feedback to parties and their attorneys (if represented) of the strengths and weaknesses of each party’s claims; settlement options; and how the court may rule on the issues. The parties are able to confer with their attorneys (if represented) to discuss settlement. After conclusion of an ENE, the evaluator usually informs the court if the case has or has not settled. The evaluator may not provide further comment or recommendations to the court.
Social Early Neutral Evaluation (SENE): SENE is an ENE process that focuses on custody, parenting time, holiday schedules, and other non-financial issues related to the child(ren). In SENE, a two-person team of Neutrals typically work on the case.
Financial Early Neutral Evaluation (FENE): FENE is an ENE process that focuses on financial issues involved in a family court case, such as child support, dividing marital property, debts, and retirement plans. In FENE, one evaluator typically works on the case.
Moderated Settlement Conference (MSC): MSC is a confidential and voluntary ADR process typically used in the later stages of a family court case. MSC uses a Qualified Neutral to assist parties with the settlement process and resolve disputes.
Judicial Council Policies regarding ECM and ENE:
- Judicial Council Policy 520: Early Case Management (ECM) and Early Neutral Evaluation (ENE) In Family Court Cases
- Judicial Council Policy 520.1: ECM and ENE Best Practices in Family Court Cases
If you have a question regarding the statewide Rule 114 ADR Roster, including qualifications and continuing education requirements for the roster, visit the Alternative Dispute Resolution (ADR) website.