Rochester Minnesota Early Neutral Evaluation (ENE)

Early Neutral Evaluation Attorney

Early Neutral Evaluation (ENE) is a form of alternative dispute resolution. Originally started in the Twin Cities, it has rapidly spread throughout Southeastern Minnesota. The Early Neutral Evaluation process allows for evaluation all issues arising in divorce and gives an idea of how they would be resolved in court. Oftentimes this allows for better decision-making and faster resolution.

Types of ENE

Early Neutral Evaluations usually fall under these categories:

• Social Early Neutral Evaluation (SENE)
• Financial Early Neutral Evaluation (FENE)
• Combined ENE

Social Early Neutral Evaluation (SENE)

Social Early Neutral Evaluation deals exclusively with the custody, parenting time and child support issues in a case. The SENE begins when a team of two evaluators, one male and one female, are appointed to help spouses reach an agreement in their divorce case. The appointment occurs very early in the case, before the parties have engaged in contested motion hearings and have hardened their positions and perhaps their animosity towards each other. The evaluators are experienced lawyers or former judges and are trained to understand the circumstances surrounding divorce, and provide verbal feedback to the parties about their respective positions.

After the ENE team meets with the parties and their attorneys, they make a recommendation to the parties as to what they believe the outcome would be if they went to trial. This provides the parties with an objective perspective of the legal system and what their attorneys are able to do for them. In the event that the evaluation procedure does not result in an agreement between the parties, the case proceeds to a custody evaluation followed by a trial. Due to the confidential nature of the ENE, nothing discussed during the SENE can be used at trial.

Financial Early Neutral Evaluation (FENE)

Some divorces involve significant property division and in these cases the Court appoints a person with strong financial skills, such as a CPA, to review the parties’ debts and assets and offer an opinion as to what the Court would order the division of property to be. The issues usually addressed during the FENE include property valuation, the calculation of non-marital interests, division of assets, division of debts, and sometimes spousal maintenance. 

Combined Early Neutral Evaluation

For cases where the property issues are not very extensive and do not require a tax specialist or a CPA, the Court will usually ask the SENE team to address the financial issues in addition to the social issues and make a recommendation to the parties as to what they believe the Court would decide should the matter go to trial.

Request a Free Consultation

If you have additional questions about Early Neutral Evaluation in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.