Early Neutral Evaluation for Family Law disputes

An unfortunate reality of Family Law disputes is that they can often be emotionally and financially draining for those involved – particularly when the case involves contentious aspects such as divorce, child arrangements, and financial arrangements. However, one alternative dispute resolution method that aims to mitigate these negative impacts has been gaining traction in recent years, known as ‘Early Neutral Evaluation’ (ENE).

This voluntary process presents the parties with an objective assessment of their respective cases from an impartial legal professional – often an experienced family law lawyer, judge, or mediator – early in the proceedings, potentially paving the way for a quicker and less adversarial resolution.

It’s worth noting that ENE is non-binding – meaning the parties are not obligated to follow the evaluator’s recommendations. Nevertheless, it serves as a useful reality check, guiding parties toward settlement discussions based on an informed perspective on how the case may unfold if it were to proceed to court.

How does the Early Neutral Evaluation process work?

1. Mutual agreement to participate – both parties must agree to engage, either through solicitors or as part of a court-led process (e.g. Financial Dispute Resolution hearing)
2. Selection of an evaluator – the parties agree on a neutral third party with expertise in Family Law to assess the matter
3. Submission of case summaries – each party provides a summary of their case to the evaluator, outlining key issues and supporting documents
4. Evaluation session – the evaluator reviews the information, listens to arguments and provides an unbiased assessment of the facts
5. Feedback and discussion – the evaluator shares their opinion on the likely outcome if the case were to go to court and may suggest potential settlement options to encourage resolution
6. Settlement considerations – the parties can use the evaluation to negotiate an agreement, or proceed to mediation or court with a clearer understanding of their case

What are the advantages?

• Cost efficiency – ENE can significantly reduce legal costs compared to prolonged litigation
• Saves time – by providing an early assessment, ENE can shorten the resolution timeline and prevent unnecessarily protracted legal battles
• Less adversarial – the process encourages cooperation rather than conflict to the benefit of both parties, especially when children are involved
• Objective and impartial – both parties receive an independent perspective that helps manage expectations and allows them to make better informed decisions
• Encourages settlement – many cases resolve shortly after ENE as parties are more willing to engage in productive negotiations once they understand the legal strengths and weaknesses of their position

Which types of cases can benefit from Early Neutral Evaluations?

ENE is a particularly useful tool in the following scenarios:

Child arrangement disputes

Parents seek guidance on various matters to include with whom the child shall live, the time they should spend with the other parent, the school they should attend – all having regard to the best interest of the child.

ENE can provide clarity on what courts may consider in child arrangement decisions and encourage parents to agree on solutions that prioritise the child’s wellbeing.

Financial settlements

Parties dispute asset division, spousal support or child maintenance. An early neutral evaluation can help both parties understand what a court might decide, laying the groundwork for fairer and more amicable settlements.

Complex legal issues

When legal interpretations are in question, an expert opinion can clarify matters early on, reducing the risk of lengthy court battles and unnecessary expenses.

High-conflict cases

Where emotions run high, an impartial evaluation can help redirect focus toward practical resolutions. This is particularly beneficial in contentious divorces or situations involving allegations of misconduct.

Cases involving business or high-value assets

When dividing business interests, investments or significant property, an early evaluation can provide financial clarity and prevent prolonged disputes over valuations and entitlements.

Relocation cases

When one parent wishes to relocate with a child, ENE can offer insights into how courts typically handle such requests, helping parties navigate the legal and emotional complexities involved.

By gaining a clear understanding of their case early on, individuals can make informed decisions, reduce stress, and ultimately find resolutions that work best for their families.

While not appropriate for every case, ENE is an excellent option for those seeking to avoid the emotional and financial toll of lengthy litigation. If you’d like to find out more about whether an ENE could be right for your case, contact our dedicated Family Law team on 0333 058375 or email family@psg-law.co.uk.