Senior Solicitor and Director Jennifer McNeil at Holland Family Law explores Early Neutral Evaluation, what is it, how can it help and how much does it cost?
What is it?
Early Neutral Evaluation (“ENE”) is a relatively new concept in family law despite having been used as a means of resolving disputes in other areas of law for some time.
Essentially, ENE is where an independent legal professional (usually a solicitor or barrister) tells the parties caught up in a dispute or disagreement, how their dispute should be settled. This is just an indication and is not in any way binding but an indication by an experienced solicitor should be hard to ignore especially when it is an indication of what the court might decide should the dispute go that far.
On a wider scale, the dispute could be anything from care/contact arrangements for children or the division of assets on divorce or it could be a much narrower issue for example, how a property should be valued i.e. as a business or residential dwelling or what time a child should be returned home from contact.
Our Evaluator is Jennifer McNeil who is a Director of Holland Family Law and who has over 18 years of experience in family law. Jennifer deals with all aspects of family law including the arrangements for children with separated parents and the division of assets on divorce. Jennifer has a firm grasp of the legal issues affecting such disputes and the significant impact such disputes have on her own clients which she is keen to minimise. When called upon to do so, Jennifer advocates for her clients in court giving her a rounded understanding of how the Court might determine such issues. If instructed early enough in her own cases, she is often able to resolve the dispute without it ever reaching a court application which is a daunting undertaking for clients.
How does it work?
A referral is made using this form [link]. Upon receipt, we will review the circumstances of the dispute and email the parties/their legal representatives to confirm timescales for the indication and costs as well as a list of any information or documentation that is required for the indication.
The parties can decide whether they wish to address the evaluator either directly (through a video call or in person) or in writing and a timetable will be agreed for the parties to provide the documents requested and to address the evaluator. The evaluator will then confirm whether there is any further information needed for them to form a view and if not, a date will be set for the written evaluation/indication to be issued to the parties.
How can it help?
Family disputes are so emotionally, and sometimes physically, draining for those involved. It can consume your every waking thought especially when it comes to your children or how your assets should be divided on divorce. The decision to separate is often hard enough without all the issues that can arise in the aftermath.
ENE can help to ensure that where an area of disagreement arises it can very quickly be determined so that the parties can move on either to the next issue that needs to be addressed or with their lives in general.
In family law, there are many ways to try and resolve a dispute. Some better-known ways include via solicitors, through mediation or by seeking a decision from the family court. Family court is clearly a last resort because the costs for instructing solicitors to act in such proceedings and the delays in obtaining a court decision can be significant. Mediation is a very good alternative and legal advice can be invaluable but what about when the solicitors disagree or the mediator cannot advise? The parties reach an impasse that is very difficult to overcome without independent and objective intervention which is where ENE can help.
Effectively, upon an area of disagreement arising, the parties (or their legal representatives) can reach out to an Evaluator to seek their view on the matter. The Evaluator will need to understand what the issue is and will then issue a list of information/documentation that they feel is needed to provide an indication. This list may be added to as the Evaluator explores the case further.
Once the Evaluator understands the issues in the case, a date can be set for the Evaluator to hear from the parties directly (if they so wish) and to deliver their indication on how the dispute should be resolved.
The whole process can often be dealt with within a fortnight (subject to the Evaluator’s availability) but the Evaluator can confirm timescales for their indication depending on the nature and complexity of the issue.
What does it cost?
The exact cost depends on the nature and complexity of the issue in dispute and would be quoted promptly on request along with an approximate time estimate for the indication.
If you wish to enquire about our ENE service please contact Jennifer McNeil (jennifer@hollandfamilylaw.co.uk) or Louise Hill (louise@hollandfamilylaw.co.uk) by email or phone (0116 436 2170).
