Early Neutral Evaluation
Sarah Martin Arendt has been an evaluator in the ENE program since the process was initiated.
What is an Early Neutral Evaluation (ENE)?
ENE is shorthand for Early Neutral Evaluation. It is a family court ordered voluntary evaluative process in 2 areas – custody and parenting time (SENE) and financial/property issues (FENE).
It is a process EARLY in the court process, usually within a few weeks of filing the dissolution proceeding. The court administrator assigns judicial officer and sets the date for the Initial Case Management Conference (ICMC). If the parties agree to participate in the ENE process at the ICMC, the NEUTRAL evaluator(s) are chosen. The EVALUATION takes place at a meeting with the evaluator, the parties and their attorneys.
It is a process EARLY in the court process, usually within a few weeks of filing the dissolution proceeding. The court administrator assigns judicial officer and sets the date for the Initial Case Management Conference (ICMC). If the parties agree to participate in the ENE process at the ICMC, the NEUTRAL evaluator(s) are chosen. The EVALUATION takes place at a meeting with the evaluator, the parties and their attorneys.
What is a social ENE?
A social ENE (SENE) focuses on issues pertaining to children, such as custody and parenting time. It does not deal with child support issues. The Minnesota model for SENE uses 2 evaluators, one man and one woman. The SENE is scheduled for a 4 hour meeting.
What is an FENE?
FENE stands for Financial Early Neutral Evaluation and one evaluator will assess dissolution issues of property evaluation and division, spousal support and child support. The FENE is a 3 hour meeting.
What does "neutral" in ENE mean?
Each evaluator is neutral and does not represent either party or their position. The expertise of the evaluator and familiarity with the court system allows for a neutral assessment of the issues with recommendations for settlement.
What does "evaluation" in ENE mean?
The purpose of the ENE process is to encourage settlement of the issues in a dissolution. The evaluator(s) listen to the presentation of each party, questions the parties for additional information and clarifications, giving the parties sufficient time to present information then makes recommendations for settlement based upon their knowledge of the law. The role of the evaluator(s) is to gather the information necessary for an evaluation and make recommendations to the parties based on the information before them.
What happens at an ENE session?
The ENE is a confidential process. While it is court ordered, the court is not advised about the process, other than a report whether it was successful or not. I If successful, the court is advised as to the terms of agreement reached by the parties. The confidentiality features means that the evaluator cannot be subpoenaed to court, the ENE file is destroyed after the process and is not available to the court. This important feature of the ENE process is carefully explained to the parties before the process begins and the parties sign an agreement acknowledging and agreeing to confidentiality.
By tradition, the co-evaluators in a SENE process begin by asking the Petitioner to begin the story of their family and their proposal for custody and parenting time. The Respondent then does the same. During the presentations, the evaluators ask questions, get clarifications and additional information until all are satisfied that enough information has been provided.
The evaluators then confer and arrive at recommendations which they provide to the parties. If the parties are represented, they will confer with their attorneys and all meet again to determine whether any agreements have been reached. If issues remain unsettled, the process, with agreement of both parties, moves to a mediation model and the evaluators work with the parties to further agreement if possible.
The agreement, is written as a memorandum of agreement, signed by all present and sent to the court.
By tradition, the co-evaluators in a SENE process begin by asking the Petitioner to begin the story of their family and their proposal for custody and parenting time. The Respondent then does the same. During the presentations, the evaluators ask questions, get clarifications and additional information until all are satisfied that enough information has been provided.
The evaluators then confer and arrive at recommendations which they provide to the parties. If the parties are represented, they will confer with their attorneys and all meet again to determine whether any agreements have been reached. If issues remain unsettled, the process, with agreement of both parties, moves to a mediation model and the evaluators work with the parties to further agreement if possible.
The agreement, is written as a memorandum of agreement, signed by all present and sent to the court.
Should you participate in an ENE?
My experience, both as an attorney and an evaluator, has led me to the conclusion that all settlement attempts have value. Attending an ENE moves the process toward settlement by defining issues, assessing needs in the words of each party. Settlement is in the hands of the parties.
Are there any times when a party should not participate in an ENE?
IF there is an OFP or no-contact order, there is no requirement to attend an ENE.