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Early Neutral Evaluation (ENE) Process

 Early Neutral Evaluation (ENE) Process

Early Neutral Evaluation (ENE) is a confidential, settlement-oriented, and accelerated alternative dispute resolution. It expedites judicial case management, reduces expensive evaluations, focuses on critical issues, and moves the family through court quickly and inexpensively. ENE is a voluntary alternative dispute resolution process. When applied to custody and parenting time, it blends the advantages of a custody study, settlement conference, and mediation.

The ENE program was developed to serve divorcing or never-married parents who are disputing custody, visitation access or parenting plans for their minor children. Most are initial filings, but some are post-decree, that is, parents who are returning to court to change previous custody, access, or parenting plan orders.

Whether you are proceeding Pro Se (without an attorney) or with an attorney, only parties who agree to participate and are accepted in the program are referred to the ENE process. Attorneys must consent if the parties choose the process.

The program empowers families by leaving more control in the hands of the parties. Together, with the assistance from a qualified ENE team, help solve their issues faster, more economically and with less intervention from the courts.  With early intervention by the Judges, parents understand and realize what is likely to happen if they pursue the dispute to trial.

This "reality check" of a probable outcome saves parents time, money, and heartache.  More importantly, the children are not subject to what might otherwise be a long, contentious custody battle.

The outcome is for the parents to come to an agreed upon custody and parenting time arrangement that works best for the children. The parents are reaching an agreement together. They are less likely to further dispute a joint decision that was made in the best interest of their children.

The Early Neutral Evaluation allows an extraordinary amount of flexibility. The program expedites judicial case management and reduces expensive and often intrusive evaluations. The ENE focuses on the critical issues of custody and parenting time. The program is designed to quickly and inexpensively move the family through the court.  This process urges the parents to reach a settlement rather than having the court decide for them what is best for their family.  

ENE's offers the parties an opportunity to reach an early settlement. What might otherwise be a long, costly, and intrusive custody study. An ENE session is confidential and gives the parties the advantage of an experienced team in the dynamics of mediation, negotiation, and evaluation skills. It brings together all the players, (attorneys and parties can get a more realistic view).  

Children are the most important beneficiaries of the Early Neutral Evaluation (ENE) program, both immediately and long-term. When children's parents are in conflict over custody or parenting time, their children suffer from the tensions and turmoil. They may experience fear, anxiety, anger, withdrawal, depression, or a range of other emotions and feelings. During the time their parents are going through contested dissolutions or custody cases, children may take on roles in their family that are inappropriate for a child: scapegoat, peacekeeper, protector. A child's emotional well-being, physical health, academic performance, and self-esteem are often damaged. Experience has shown that the sooner contested court cases are completed; the sooner children can gain a greater sense of stability in their lives. 

ENE is a fast, relatively inexpensive, and voluntary program that permits parents to meet with a two-person team of professionals early in disputed cases to attempt to settle custody and parenting time disagreements. ENE is usually held within seven days and usually in the county where the parents live. The focus is on the best interests of their children. Parents almost universally love their children and want what is best for them. With this in common, the ENE process assists parents to work out between themselves custody and parenting time plans. Parents know their children better than anyone else. Parents who are focused on their children's needs are often far more capable of creating plans that meet their children's unique needs and personalities than  judges, who will know their children based only on what they see and hear in a courtroom.   

ENE is an excellent program. Feedback from parents and attorneys is very positive. Attorneys and parents have expressed their amazement that seemingly impossible situations have been successfully resolved. Most parents who choose to participate in the ENE process reach agreement on some or all issues relating to parenting and custody issues. Once parenting time and custody matters are agreed upon, the parents often reach agreement on property and financial issues.   

The ENE process avoids often divisive and protracted court trials, which may sour relationships between parents for years to come, to the detriment of their children. Parents who have reached agreements through the ENE process are better prepared to cooperate through the years as they parent their children.  

The program has a high success rate in working with the parents to come to a resolution on parenting time and custody.   If you agree to participate and are accepted into the program there will be a fee of $300 paid by each parent. This fee will need to be paid prior to the ENE session. No exceptions.   

The ENE takes place within seven (7 -10) days of the Initial Case Management Conference (ICMC) with the judge. Early Neutral Evaluation is always a male-female team, to avoid any gender bias. In an informal setting, the team meets with the parties and their attorneys. Usually the ENE will last anywhere from three to four hours. This is an intense session focused on custody/parenting time settlement. Some-times, a second session may be required. The report to the court will take place within 30 days of the initial ENE session on whether a settlement could be reached. The ENE can take place at any time. However, the earlier in the process the ENE takes place the better it is for all parties involved.  

Attorneys can help their clients prepare for the ENE session by...

  • Encouraging clients to remain open to settlement.
  • Educating them on the ENE process.
  • Assisting with their clients presentation to the team.
  • Reminding them of critical information and to stay focused on the issues at hand.
  • Addressing financial issues that may impede settlement on custody/parenting time.
  • Addressing child support issues if child support appears to be creating an obstacle for settlement in custody/parenting time.

Attorneys must attend the ENE session with their client.  

Qualified teams

All team members are highly qualified professional with Rule 114 mediation, negotiation, facilitative and evaluative skills. All teams are composed of one male and one female neutral.  

About the ENE Neutrals

 Rule 114.13 (e) requires:  
(e)  Family Leave Evaluative Neutrals.  All qualified neutrals offering early neutral evaluations or non-binding advisory opinions (1) shall have at least 5 years of experience as family law attorneys, as accountants dealing with divorce-related matters, as custody and visitation psychologists, or as other professionals working in the area of family law who are recognized as qualified practitioners in their field; and (2) shall have completed or taught a minimum of 2 hours of certified training on management of presentation made during evaluative processes.  Evaluative neutrals shall hae knowledge on all issues on which they render opinions.

In addition to the 2-hour training required above, all qualified family law evaluative neutrals must have completed or taught a minimum of 6 hours of certified training in domestic abuse issues, to include at least:

  1. 2 hours about domestice abuse in general, including definition of battery and types of power imbalance;
  2. 3 hours of domestic abuse screening, including simulation or role-playing;

  3. 1 hour of legal issues relative to domestic abuse cases

Minnesota Statute § 626.556

Basic ENE Process:

  1. Introduction and opening reparks from the team
  2. Presentation from the parties (Petitioner then Respondent)
    • Here the parties will tell the team what the issues are that are impeding or stopping them from coming to an agreement on custody and parenting time
    • Tell the team what the present parenting arrangement is, what your proposed parenting plan is and why you feel it is better for your children
  3. Rebuttal from parties
    • Each side will have the opportunity to comment on what was said
  4. Questions/clarification from the team
    • The team may ask some clarifying questions, identify common ground and disputed issues
  5. Caucus
    • Here the parties will have the opportunity to discuss with their attorneys (if represented) what has been discussed.  If the parties are not represented it is a time to reflect and thing about compromise.
  6. The team to deliver strengths and weaknesses of the parties disputed issues
  7. Team gives an evaluation and "realiity" check to parties
  8. Caucus
  9. Explore settlement options and parenting plans
  10. Reduce agreement to writing in a Memorandum of Agreement
  11. All parties will sign the Memorandum of Agreement (attorneys and clients)
  12. Submit signed Memorandum to the Court.