Introducing Mediation's Cousin - Early Neutral Evaluation in Divorce

Early neutral evaluation, like mediation, is focused onENE team will ask questions to help clarify information
resolving divorce issues outside of court. Early neutraland positions, and will identify any areas where you
evaluation (ENE) is getting a lot of attention latelyare already in agreement.
because it has been very successful in helping couplesAfter they've heard your information, the ENE team
settle their divorce or separation cases early in themeets privately to evaluate the case and consider
process, even if the conflict between them is high.settlement suggestions for the parties. They may
What is ENE?come back with a request for more information, or
ENE is a dispute-resolution process that is designed tothey may be ready to give their recommendations
help couples settle their divorce or separation early inright away.
the process, allowing parties to avoid the ongoingThe joint meeting will then resume and the team will
expense and pressure of litigation. During ENE, apresent its evaluative impressions and provide
couple can each share their side of the story and theirsettlement options, including suggestions regarding
feelings and frustrations. Then, they receive an expertdecision-making and parenting time. The team might
assessment of their case, allowing them to makealso suggest other services that would be helpful to
informed decisions about settlement.the family such as counseling, parenting classes, drug
How does ENE work?or alcohol education or treatment, or communication
A two-person ENE team usually consists of mentalclasses.
health professionals and/or lawyers, with specificAfter the ENE team has offered its feedback and
expertise in working with divorcing and separatingsettlement suggestions, there will be a break to give
families. They listen to the issues that are causing theyou time to think about the suggestions and discuss
highest conflict between you, then offer feedback andthem with your attorney(s), if any. At this point the
suggestions for settlement based on your uniqueteam will then move into a mediation role to help you
family situation. At that point, they move into a morework out the details of an agreement.
traditional mediation role.How does ENE differ from mediation?
In your first meeting with the ENE team, each of youBoth mediation and early neutral evaluation help you
will provide information about your family, yoursettle your divorce early in the process. In mediation,
break-up, your children, specific concerns and yourthe mediator helps you clarify the issues, maintain clear
desired outcome. If financial issues are involved, you willcommunication, achieve balance between you, and
present those as well. The ENE team may ask tomanage the process in a way that allows you to
hear everything at once, or may deal with themove forward. Your ENE team, on the other hand, will
parenting issues and the financial issues separately.first give you very direct and specific
You will each have about 25 minutes to present yourrecommendations and make suggestions for your
information. After you have both presented your initialsettlement details, before moving into that mediation
information, you will each have another 10 minutes orprocess.
so to respond to things the other person brought up.The goal of both mediation and early neutral evaluation
Part of the value of ENE is that during theseis to help you reach early settlement of your divorce
presentations, each of you is talking directly to the ENEor separation that satisfy both of you and benefit your
team instead of arguing with each other. After both ofchildren.
you have talked about what's important to you, the