What is Early Neutral Evaluation?

Lisa Pepper

Early Neutral Evaluation (ENE) is a form of Non-Court Dispute Resolution where the separated couple invites a neutral third party to give an opinion or indication on their case. 

Early Neutral Evaluation in Family Law

In family cases, early neutral evaluation involves a neutral third party, usually a family law solicitor, and in some instances, a Judge, who provides an objective assessment of the likely outcome of a dispute. This process is often used in family law to give parties a clearer view of their case before it progresses to a formal court hearing. 

Is an Early Neutral Evaluation hearing right for your family case?

An Early Neutral Evaluation hearing is a useful process in both financial and children’s disputes, offering an impartial assessment before a case reaches court.

Early neutral evaluation is often utilised in financial disputes, particularly in cases where there would be a Financial Dispute Resolution (FDR) hearing. In children’s cases, an ENE hearing often aligns with a First Hearing Dispute Resolution Appointment (FHDRA), such as in cases involving a parental dispute about the arrangements for their children after separation.

What are the benefits of ENE?

The primary benefit of Early Neutral Evaluation is that it allows the couple to still make the important decisions arising from their separation and what compromises they are willing to make, but they get to hear, together, what their chosen ‘Judge’ thinks is the fair outcome, having heard the legal arguments from their respective legal teams and the particular circumstances of their case.

The separated couple would usually have the benefit of the evaluator over several hours and that person will have been fully briefed by their lawyers and know the case and the arguments in a very detailed way – having more time than a Court based Judge would to consider all the information.

What are the challenges with Early Neutral Evaluation?

The challenge of ENE is that the evaluator is giving an indication – not imposing the answer. It falls short of ending the matter if the couple still cannot find a compromise having heard the view of their evaluator. The majority of cases, however, do settle once that view has been provided.

Early Neutral Evaluation can be a bespoke service, so the evaluator can be asked to give a view on one aspect of the case if preferred, or the entirety of the issues in dispute.

In financial cases on divorce, ENE is known as a Private Financial Dispute Resolution hearing (‘pFDR’). In children’s cases, ENE is known as just that.

If, however, you feel that you and your spouse need the decisions imposed on you, and you won’t be able to find a compromise even having heard from an evaluator, then you could consider arbitration.

Early Neutral Evaluation is not considered suitable in children’s cases where there are allegations of domestic abuse or risk of harm because those allegations would need to be properly considered first, and it is more likely the case will be considered by the court following Practice Direction 12J.

The benefits of these forms of NCDR, are that they are less adversarial and proceed far quicker than going to court process – so that you can both move forward as a separated family in a dignified and constructive way, far more likely to be able to co-parent, and with less of the family resources spent on legal fees.

Get expert advice on Early Neutral Evaluation 

Lisa Pepper is a highly experienced family law specialist with extensive knowledge of the Early Neutral Evaluation (ENE) process. She regularly guides her clients through every step of this invaluable alternative dispute resolution method. 

If you require support or guidance regarding Early Neutral Evaluation in Family Law, don’t hesitate to reach out to Lisa or one of our dedicated family lawyers. 

You can contact us by:

• Filling in our online enquiry form
• Calling us on 020 7485 8811