When to Use Early Neutral Evaluation (ENE) For Divorce Disputes

When to Use Early Neutral Evaluation (ENE) For Divorce Disputes

Going through a divorce can be incredibly stressful and challenging. Not only is it an emotional time of transition, but it can also get expensive and drag on for a long time if you end up fighting it out in court. That’s why many couples going through divorce are turning to alternative dispute resolution methods like Early Neutral Evaluation (ENE) to resolve issues faster and avoid a lengthy court battle.

So what exactly is ENE and when should you consider using it for your divorce? Here’s what you need to know about this process:

What is Early Neutral Evaluation?

Early Neutral Evaluation (ENE) is a confidential, voluntary process that happens early on in a divorce case. It involves meeting with an experienced neutral evaluator, like a judge or lawyer, who listens to both sides present their issues and positions. The neutral evaluator then gives their assessment of the case and makes recommendations for settlement. The goal is to try to help the parties resolve disputes over things like:

• Child custody
• Parenting time
• Child support
• Spousal maintenance
• Division of assets and debts

ENE usually happens before any formal discovery or litigation in the divorce case really gets going. The idea is to see if the parties can settle on their own early on, with the help of the neutral evaluator’s outside perspective. This can potentially save a lot of time and money down the road.

What are the benefits of ENE?

There are several potential advantages to using the ENE process for a divorce:

• It’s confidential – anything said in ENE can’t be used later in court
• It happens early, so can lead to quicker resolution
• The neutral evaluation can bring clarity to the issues
• Even if full settlement isn’t reached, it can narrow the issues for trial
• It keeps the focus on the children’s best interests if custody is disputed
• Parties tend to be more satisfied with solutions reached through ENE
• Statistics show it leads to less time spent in court
• Parties spend less money on attorneys compared to drawn-out litigation

In short, ENE has the potential to settle divorce cases faster, cheaper, and in a way that better meets both parties’ interests – especially when kids are involved.

When should you consider ENE for divorce?

ENE can be a good option to pursue if you and your spouse:

• Think you can have a reasonable conversation and want to avoid a knock-down, drag-out court fight
• Have disputes over major issues like custody, support, or property division
• Tried mediation but couldn’t reach full agreement
• Want to resolve the case faster and minimize legal expenses
• Need an outside expert opinion to help assess the situation

ENE may not be the best choice if there are concerns like domestic violence or severe power imbalances that would prevent fair negotiations. But in many cases, ENE offers a solid middle ground between expensive litigation and mediation without recommendations.

How does the ENE process work?

If you decide to pursue ENE for your divorce, here are the typical steps involved:

1. Both spouses agree to participate and select a neutral evaluator
2. A brief summary of each side’s position is shared with the evaluator in advance
3. A confidential ENE session is scheduled – usually 2-3 hours
4. Each side presents their case and answers questions from the evaluator
5. The evaluator gives an oral assessment of the case and settlement options
6. If settlement is reached, terms are written up in a binding agreement
7. If more time is needed, another ENE session may be scheduled
8. Any partial agreements can help streamline the rest of the divorce case

Having an experienced divorce attorney assist with ENE can be very helpful. They can advise you on whether ENE is appropriate, ensure your interests are protected, and help craft a settlement that covers all necessary terms if agreement is reached.

Pros and cons of ENE

As with any process, ENE has both potential advantages and disadvantages to weigh. Here are some of the key pros and cons:

Pros:

• Saves time and money vs. litigation
• Keeps control in the parties’ hands vs. leaving it up to a judge
• Maintains privacy
• Reduces conflict and stress
• Neutral evaluator’s perspective can be helpful
• High settlement rates when both parties participate in good faith

Cons:

• Giving up the option of a trial if settlement can’t be reached
• Risk of feeling pressured to settle too quickly
• Neutral evaluator may not always get it perfectly right
• Requires compromise and cooperation from both parties

On the whole, many see ENE as a “win-win” approach when appropriate safeguards are in place. But it’s not ideal for every situation.

Is ENE required by the court?

Some family courts do require parties to attempt ENE or another alternative dispute resolution process before they will schedule a case for trial. Other courts may strongly encourage ENE but not necessarily require it. Be sure to check the specific rules and procedures for your jurisdiction.

Even if not required, however, many couples find that agreeing to ENE voluntarily is beneficial for resolving divorce disputes faster and more affordably. Consulting with an experienced local attorney can help you decide if ENE is the right choice for your situation.

Finding a qualified ENE evaluator

The success of ENE depends a great deal on the skills and expertise of the neutral evaluator. Here are some tips for finding a good one:

• Ask your attorney for evaluator recommendations
• Look for relevant experience – family law, mediation, etc.
• Check their training and credentials
• Read client reviews and feedback
• Consider their communication style and personalityIt may take some research to find the right neutral evaluator for your divorce case. Here are some tips on finding a qualified evaluator:
  • Ask your divorce attorney for recommendations of evaluators they have worked with before who have strong credentials and experience with cases like yours.
  • Look for evaluators who have specific training and expertise in family law issues like custody, support, and asset division – a background in mediation can also be helpful.
  • Make sure the evaluator is licensed to practice law in your state and is in good standing.
  • Check client reviews, feedback from attorneys, and professional associations the evaluator belongs to.
  • Consider logistical factors like location, availability, and hourly rates.
  • Schedule an initial consultation to get a sense of the evaluator’s communication style and personality – do they seem neutral and fair?

  It’s important to vet potential evaluators thoroughly, as their assessment can significantly impact settlement. Don’t hesitate to interview several candidates before deciding.

  What happens if ENE doesn’t lead to settlement?

  While many couples are able to fully settle their divorce through ENE, it doesn’t happen in every case. Reasons ENE may not lead to settlement include:

  • One party won’t compromise or negotiates in bad faith
  • New disputed issues come up
  • The neutral evaluator’s recommendations are rejected
  • Needed documentation or information isn’t available yet
  • The parties need more time to consider options

  If settlement isn’t reached in ENE, the neutral evaluator will not make any formal recommendations or orders. Any partial agreements made can help focus the issues. The case simply proceeds to the next litigation steps like formal discovery, motions, and potentially trial.

  Even if full settlement isn’t achieved, many couples still find the ENE process helpful for gaining clarity and narrowing disputes. It often makes the rest of the divorce proceed more efficiently.

  Pro tips for getting the most out of ENE

  To increase the chances that ENE will lead to settlement, try these tips:

  • Have an attorney assist you to ensure your interests are fully protected
  • Gather and share relevant documents ahead of time
  • Compromise – be open to reasonable settlement options
  • Keep an open mind and let the neutral evaluator do their job
  • Don’t make threats or ultimatums
  • Focus on the future and your shared priorities
  • Use it as an opportunity to communicate constructively

  Approaching ENE cooperatively and strategically can help turn it into an effective shortcut to divorce settlement.

  Is ENE right for your divorce?

  While ENE offers many benefits, it isn’t the best approach for every couple. Given your specific situation and priorities, discuss with your attorney whether pursuing ENE or going straight to litigation may be better for resolving your divorce disputes. There are pros and cons to each path.

  That said, in many cases ENE presents a faster, less expensive route to settlement that is worth considering. Doing some homework on finding the right neutral evaluator can help make the process more effective. With full commitment from both parties, ENE can steer a divorce to a fair compromise while avoiding prolonged court battles.