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Attorney/No Attorney (Pro Se)

The Early Neutral Evaluation (ENE) process provides families with an excellent opportunity to resolve their disputes in the initial phases of legal proceedings.  It is important for attorneys to participate, but the attorneys must also allow the process to work without interfering with the process. 

Whether you are represented by an attorney or you are proceeding with counsel, there are several important steps to prepare for the Initial Case Management Conference (ICMC) and the subsequent meeting with the ENE team or the ADR option chosen.  

Have available all pertinent information.  This would include the following:

  1. Current residency of each of the parties;
  2. The work location and work schedules of each of the parties;
  3. The distance between the parties' residences;
  4. The use and location of daycare;
  5. The names, ages, and school of attendance for each of the children;
  6. Determine the special needs, if any, for the children;
  7. Determine the amount of parenting time each parent exercised with the children prior to separation;
  8. Draft a calendar regarding each party's parenting time with the children since separation;
  9. The significance of other third parties in either parent's household, such as boyfriend/girlfriend, other previous born children, subsequent born children, or step-children
  10. The necessity for a party to obtain or maintain employment; 
  11. The work schedule for each of the parties, and the amount of flexibility in the parties' work
  12. The feasibility of coordinating parenting time with each of the parties' work schedule; 
  13. The presence of Domestic Abuse in both parent's household, and the history of domestic violence between the parties; 
  14. The involvement of any therapist or counselor, and the recommendations for parenting time, and the dynamics between each parent at the children.

Once you have the basic information , it is important to share this information to the team members of the ENE process, and to the opposing attorney (if both parties are represented).   It is preferable to develop a visual schedule of each of the parties' parenting time and work schedules, so that everyone can determine what areas of time remain in conflict.  Thereafter, it is important for the attorney to sit back quietly and allow the process to work.   Advise your client to be reasonable and flexible.  Do not get hung up on terminology.  This will provide each of the parties with a golden opportunity to find an early resolution to their family law matters, and to avoid the expense and trauma of litigation.