Early Neutral Evaluation
Sarah Martin Arendt has served as an evaluator in the Early Neutral Evaluation (ENE) program since its creation, helping families resolve disputes efficiently and fairly.
What is Early Neutral Evaluation (ENE)?
Early Neutral Evaluation (ENE) is a voluntary, court-ordered process in family law cases. It takes place early in the court process, usually within weeks of filing a dissolution proceeding. ENE is used in two areas:
- Social ENE (SENE): Custody and parenting time.
- Financial ENE (FENE): Property division, spousal support, and child support.
At the Initial Case Management Conference (ICMC), if both parties agree, neutral evaluators are selected. The court sets the cost of evaluation per party. The evaluation occurs in a meeting with the evaluator(s), the parties, and their attorneys.
What is a Social ENE (SENE)?
A Social ENE focuses on custody and parenting time disputes involving children. It does not include child support issues. In Minnesota, the model uses two evaluators—one male and one female—and the session usually lasts four hours.
What is a Financial ENE (FENE)?
A Financial Early Neutral Evaluation (FENE) addresses issues such as property division, spousal maintenance, and child support. An FENE is led by one evaluator and typically lasts three hours.
What Does “Neutral” Mean in ENE?
The evaluator is a neutral third party who does not represent either side. Their expertise and familiarity with the court system allow them to provide an impartial assessment and recommendations for settlement.
What Does “Evaluation” Mean in ENE?
During an ENE, evaluators listen to each party’s presentation, ask clarifying questions, and gather necessary information. Based on the facts and applicable law, the evaluator provides recommendations to guide the parties toward settlement.
What Happens at an ENE Session?
ENE is a confidential process. The court receives a written memorandum with the details if an agreement was reach; if no agreement is reached the court is also informed. Confidentiality is guaranteed: evaluators cannot be subpoenaed, ENE files are destroyed, and the process is explained in detail before parties sign a confidentiality agreement.
In practice, evaluators first listen to the petitioner’s proposal regarding custody or financial issues, then to the respondent. After gathering information, evaluators confer privately and present recommendations. If attorneys are involved, they review the recommendations with their clients before reconvening.
If issues remain unresolved, the process can transition to a mediation model, with evaluators assisting in further negotiations. Agreements are documented in a memorandum of agreement, signed by all parties, and submitted to the court.
Should You Participate in an ENE?
Based on her experience as both an attorney and an evaluator, Sarah Martin Arendt believes that every settlement attempt has value. ENE helps define issues clearly, gives each party a voice, and often moves cases toward resolution without prolonged litigation.
When is ENE Not Appropriate?
If there is an Order for Protection (OFP) or a no-contact order in place, participation in ENE is not required.