An early neutral evaluation (ENE) is a confidential alternative dispute resolution technique designed for faster settlement of cases. There are two forms of ENEs, based on whether the dispute involves property and financial matters (FENE) or custody terms (SENE). A FENE is usually ordered at the Initial Case Management Conference (ICMC) in a divorce proceeding.

There is typically one evaluator for the Financial Early Neutral Evaluation (FENE) process.  The purpose of an FENE is to provide the individuals with early neutral feedback on one or more financial issues with the hope and anticipation that if the individuals have the neutral information, they will be better able to attain a settlement early in the process, before their money is expended through litigation.  When comparing the costs of pursuing lengthy adversarial evaluations and litigation over financial issues, with a quick analysis and assessment of possible settlement terms early in the case - most parties prefer the quick and low cost approach.  In taking this approach, it is possible to reach a settlement very early in the process and before either party has spent much in attorney's fees and costs.

A potential downside of the FENE process is if the FENE evalutor provides evaluative feedback to the divorcing couple, but no agreement is ultimately reached, that evaluative feedback cannot be used in Court. Thus, neither party may tell the judge what the FENE evaluator suggested with regard to the division of their property or regarding spousal maintenance.

Fees

Fees for FENE are determined by the county in which your divorce or other family law matter is filed within. In some counties, these are based on a sliding fee schedule based on your income, some are simply a flat fee per person (such as $100 per person per hour) and in other counties it is based on the rate of your attorney (the hourly rate for your ENE evaluator is one-half the hourly rate of your attorney). If you are requesting to schedule an FENE it must be pursuant to a court order. That same order should prescribe the fees that you will pay to the ENE evaluator, or generally refer to the county’s fee schedule for ENEs. If you are uncertain of what this cost is, simply contact our office in advance and we will notify you what you would be required to pay as part of the ENE session.