Early Neutral Evaluation (ENE) is a flexible and effective form of Non-Court Dispute Resolution which can assist parties in identifying the strengths and weaknesses of their respective positions at an early stage of a family dispute. An independent and experienced family barrister provides an impartial evaluation of the issues, offering an informed assessment of the likely outcome if the matter were to proceed to a final hearing. This can help parties and their advisers to narrow the issues, focus negotiations and, where possible, reach an agreed resolution without the need for protracted litigation.
ENE can be particularly valuable in financial remedy cases where there is disagreement about the appropriate outcome or where the parties have significantly different views as to the strengths of their respective cases. An experienced evaluator can consider the available evidence and provide an independent assessment of the likely approach of the court to issues such as the identification and valuation of assets, needs, sharing, contributions, inherited or non-matrimonial wealth, businesses, pensions and other complex financial matters.
The process can be undertaken at an early stage, before significant costs are incurred, or at a later point where negotiations have stalled. The evaluator’s assessment provides parties with an objective perspective against which to consider their respective positions and can be particularly effective in helping to bridge the gap between competing offers.
ENE can also provide significant assistance in private children disputes. An independent evaluator can consider the issues affecting the welfare of the child or children and provide an impartial assessment of the likely outcome were the matter to be determined by the court. This can assist parents in understanding how the court is likely to approach questions concerning living arrangements, spending time with each parent, relocation, specific issues and other disputes relating to the upbringing of their children.
The process can be particularly helpful where communication between parents has broken down or where each party has become entrenched in their respective position. An experienced evaluator can provide a fresh perspective, identify areas of agreement and disagreement, and help the parties to focus on arrangements that are in the best interests of their children.
Our experienced family barristers are able to undertake ENE appointments in both financial remedy and children cases. They bring extensive experience of advocacy and decision-making in complex family disputes, together with the objectivity and practical judgment required to provide constructive and authoritative evaluations.
ENE can be tailored to the needs of each case and can take place at our professional and confidential chambers, providing an appropriate environment for parties and their legal representatives to consider the evaluation and explore settlement. Our aim is to provide clear, realistic and independent guidance which enables parties to make informed decisions about the way forward and, wherever possible, achieve an agreed resolution without the need for a final court hearing.
