Early Neutral Evaluation (ENE)

ENE is a relatively new ADR process in which a neutral third party (or evaluator) assesses the strengths and weaknesses of a divorce case and provides feedback as to how the case may play out if it reaches trial. The evaluation is based on the law and legal rights; therefore, fairness in this process is primarily defined by what the law may afford or a judge may decide. For financial issues (FENE), one evaluator assesses the case. For social or parenting issues (SENE) the evaluation is typically conducted by a male-female team but may be done by one evaluator. After the evaluation is presented, the parties may use the evaluator as a mediator in order to achieve settlement and fine tune the details based on their unique circumstances. This option to mediate provides individuals with an opportunity to determine their own outcomes. ENE processes vary from county to county and are available to individuals with or without legal representation. Although the Judge may suggest ENE as a possible avenue for settlement during the Pre-Trial or Initial Case Management Conference (ICMC), the process is voluntary. Evaluators are not decision makers and their evaluations are not provided to the Judge. As the name suggests, the process is most effective early in the divorce process before adversarial positions are deeply rooted.