Early Neutral Evaluation - Family
Early neutral evaluation involves a separated couple coming, with or without representation, before an experienced and fully briefed lawyer for that lawyer to give an evaluation of the family issues that they face at an early stage of their separation. The ‘evaluation’ involves the expression of an opinion by the lawyer about the likely parameters for settlement and may include more specific guidance as to what the lawyer thinks might be the outcome of litigation on particular issues. In simple terms, the lawyer tells them: ‘I’m not deciding the case today but, on the information that you have given to me, if the case did come before a court, I think that the outcome is likely to be within these parameters…’ (or, in some instances, ‘…I think that the outcome on that particular issue is more likely to be as follows…’). Early neutral evaluation can be used in cases concerning children or finances.
The advantages of Early Neutral Evaluation are that it takes place at an early stage of the development of the family issues involved; thus, it may be possible to nip the issues in the bud at a time when legal costs and the emotional turmoil of family discord can be contained. Both Early Neutral Evaluation and Private FDRs involve the selection by choice of a lawyer who is known to have specialism in the specific area of Family Law and practice. Both involve a far greater certainty about when the Early Neutral Evaluation or Private FDR will take place, than the equivalent court hearings. The lawyer conducting the appointments (‘the evaluator’) can spend much longer preparing the case and conducting the appointment. Parties may attend the appointments with their legal representatives (and usually do so). The appointments take place in private and subject to the agreed principles of confidentiality.
Arrangements are made so that both parties have adequate conference facilities so that they may each discuss the negotiations with their lawyers in private. Appointments can take place at a time that is chosen by the parties and their representatives, ensuring that the issues involved are ready to be placed before the lawyer concerned. Such appointments are usually successful in achieving settlement or, at least, narrowing the issues that remain; they have a good track record. The parties remain in control of whether they wish to accept the views expressed by the lawyer (i.e. the private FDR judge’, as they sometimes get called).
Solutions that are found at such appointments remain ‘owned’ by the parties. Because they have been the result of choice, they are more enduring. If the parties so wish and if the Private FDR or Early Neutral Evaluation does not result in settlement, it is possible to keep the case out of the court system by agreeing that outstanding issues could be placed before an arbitrator for an imposed determination.
At 3PB we have a large team of experienced family practitioners who conduct Early Neutral Evaluations across the whole range of Family Law cases. Because of the size of the team, parties and their solicitors can select a member of chambers that they know will be most suited to the needs of the case concerned.
