Reducing divoRce StReSS

Early neutral evaluation can help parties reach a settlement agreement

positions, and then see if the parties can reach a settlement agreement. It is always said it’s not a matter of finding a resolution that is perfect for both parties, but one they can live with, and one that saves the great emotional and financial cost of trial.

The process starts where parties attend, with their attorneys if represented, an Initial Case Management Conference (ICMC). This ICMC is held very early so as to avoid parties from hardening their positions and letting things get caustic. This ICMC is very informal. There is no making of big arguments. Rather, the judicial officer running the ICMC merely asks if the parties are interested in the ENE process and attempting this type of mediation. ENE is totally voluntary. Parties don’t need to participate but most are willing to try. In my experience, participating in the ENE is a wise decision. Most cases are settled through the process.

At the initial ICMC, an evaluator or evaluators are chosen and a date for the evaluation is set right then. Generally, the date for the mediation is set within four weeks of an ICMC. There are two forms of evaluation:

Financial Early Neutral Evaluation

(FENE) and Social Early Neutral Evaluation (SENE). An FENE handles financial issues and an SENE handles matters involving children in a family law case. When there is an SENE, there are two evaluators — one male evaluator and one female evaluator. These evaluators receive special training. Most are attorneys but need not be.

The mediation starts where the evaluator(s) give an introduction and explain the ground rules. The goal is always to make parties comfortable and lower stress. Sometimes parties are in the same room through the process. However, where one side or both feel uncomfortable being in the same room, the evaluator(s) may shuttle between rooms to see if the parties can reach an agreement.

When parties reach agreement in the ENE process, a settlement agreement is drafted right then and signed by the parties. The settlement agreement is an enforceable document. Following the ENE, by agreement of the parties, one of the attorneys then drafts a Stipulated Findings of Fact, Conclusions of Law, Judgment and Order. Finally, that document ultimately gets forwarded to the court for entry of a final order. D

Chris Dahlberg is an attorney practicing in the area of family law with Dahlberg Law Office, P.A. (218) 722 5809.