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Early Neutral Evaluation (ENE) or
Early Neutral Assessment (ENA) is a process being used by a few of
Colorado's Courts to help parties very early in the divorce process to
reach a settlement without drawn-out litigation. A neutral third
party assesses the information on the case, with input from the parties
and their attorneys (if represented) and presents to the parties their
non-binding recommendation as to how their case might be best settled.
This recommendation can then be used by the parties to more quickly come
to an agreement, often by using the ENE professional to help mediate an
agreement.
Steve McBride has been trained, and is on the panel of the Douglas
County Court, to conduct Early Neutral Assessments on the financial
aspects of a case. Parties can request that Steve conduct their
ENE, either through the Court, or by private appointment.
ENE is different from normal mediation. In normal mediation, the
Mediator does not provide a recommendation or assessment, but helps the
parties find their own solutions and guides them to think through the
implications and consequences of their decisions. In ENE, after
receiving all the financial information, the Evaluator/Assessor will
provide a recommendation to the parties. The parties are free to
accept or reject the recommendation, or accept part of it. The
recommendation can form the basis (or not, as the case may be) of
negotiations between the parties.
It is important that the ENE process happen very early in the divorce
process before positions are solidified by the parties. The
parties need to have at minimum their Sworn Financial Statements
completed and their Rule 16.2 documents available for review by the
Evaluator.
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