Early Neutral Evaluation (“ENE”) is exclusive to Minnesota family law cases involving social and financial issues for divorcing spouses or separated parents. It has been used in Minnesota since the mid 2000s, and it has been used in the Sixth Judicial District (Duluth, Cloquet, Iron Range, and North Shore) since at least 2008. This type of alternative dispute resolution started in the Twin Cities and has spread throughout the state as a popular model for helping couples reduce the time and money spent on a case. It has an approximate settlement success rate of 85%.
Professional athletes typically engage in binding arbitration to help determine what the terms of their contract will be in a given year. The athlete and the sports club that they want to play for hire an arbitrator to hear evidence about what the terms of the contract should be. Athletes are represented by their agents while the clubs are typically represented by their general managers. An arbitrator acts as a judge for the athlete and club. The arbitrator’s decision resolves what the contract terms will be going forward between the athlete and the club, and it is extremely difficult to appeal these decisions.
Early Neutral Evaluation is similar to arbitration. The parties to a family law case present their evidence to one or two evaluators. After all parties have presented their facts to the evaluator(s) then an evaluation or recommendation based on applicable law and fact is given to both parties simultaneously. The evaluation is confidential; it is shared with no one, including the judge, except for the parties and their attorneys. The agreement is not binding on the parties; they are free to accept, reject, agree, or disagree with the evaluation. An overconfident party can learn the weaknesses of his or her case. An under confident party can learn the strengths of his or her case. The process is designed to help parties understand the risks, strengths, weaknesses, and cost of going all the way to trial. It facilitates an opportunity to enter a meaningful settlement with the other party.
Social Early Neutral Evaluation (“SENE” for short) is used to help resolve the Minnesota family law issues of legal custody, physical custody, and parenting time between parents that have children in common. SENEs have many similarities to arbitration but the process is not binding.
Two evaluators are assigned to hear the case. One evaluator is required to be a licensed Minnesota attorney while the second evaluator may be an attorney, social worker, guardian ad litem, paralegal, or other professional who has consistent exposure to Minnesota family law that involves children. Additionally, one evaluator is a male and the other is a female so that any potential biases are reduced.
Both parties attend the evaluation; their attorneys attend with them. SENEs can be conducted in person or remotely. Each party gives a presentation to the evaluators in the presence of the other party. The other party, and his or her attorney, is not permitted to ask questions of the presenting party; it is the job of the other party to listen to what is being said by the presenting party. The evaluators may ask questions of the presenting party. When both parties have finished giving their presentations then the evaluators will tell both parties what they believe the outcome of the case would be if the case went to trial.
The evaluation is not binding on the parties. It is used to help the parties assess the strengths and weaknesses of their respective cases. The evaluation is a tool that helps the parties settle their case and discourage the time and expense associated with going to trial. The information from the evaluator is then typically used to help the parties engage in a mediation.
Financial Early Neutral Evaluation (“FENE” for short) is used to help resolve the Minnesota family law issues of child support, spousal maintenance, and property division. Again, FENE has many qualities that are similar to arbitration except that the decision of the evaluator is not binding on the parties.
An FENE has just one evaluator who is required to be a Minnesota licensed attorney. The parties need to provide the evaluator with the necessary information to help him or her issue a good quality evaluation. Some of these documents can include, but are not limited to, tax records, bank statements, paystubs, real estate appraisals, retirement information, and more. After the evaluator has heard both parties speak and reviewed their submitted documents the evaluator will provide his or her evaluation.
The evaluation is not binding on the parties. It is used to help the parties assess the strengths and weaknesses of their respective cases. The evaluation is a tool that helps the parties settle their case and discourage the time and expense associated with going to trial. The information from the evaluator is then typically used to help the parties engage in a mediation.
Our office is listed on the Minnesota Court’s former Rule 114 Alternative Dispute Resolution Roster for family law cases. We have the experience necessary to help parties resolve their disputes in an educated and fair manner. We can help you through either being appointed by a judge through a court order or through parties privately retaining our office to assist them. Give us a call today to see how we can help you resolve your case without the need for formal court hearings and rulings.
