What Is Early Neutral Evaluation (ENE)?

Colorado Rev. Stat. §13-22-302 describes early neutral evaluation (ENE) as follows:

“An early intervention in a lawsuit by a court-appointed evaluator to narrow, eliminate, and simplify issues and assist in case planning and management. Settlement of the case may occur under early neutral evaluation.”

An early neutral evaluation is a highly beneficial first step toward understanding the options for shared parenting schedules and facilitating creative solutions to reach a divorce settlement and a Denver child custody agreement without the contentious court process.

Is ENE the Same as Mediation?

Most Colorado residents expect mediation during divorce and recognize the importance of an experienced neutral professional to assist with the division of marital assets. Still, many divorcing parents are surprised to learn of a similar process that takes this one step further to assist their family in preparing for shared child custody, as well as other aspects of divorce in Denver, CO. Early neutral evaluation is not the same as mediation.

While mediation helps divorcing spouses create their own settlement agreement, ENE provides a team of legal experts to guide them by providing non-binding legal opinions to assess their financial and child-custody situation. ENE helps spouses better understand the court’s position regarding the circumstances of their case.

Is Early Neutral Evaluation Mandatory In Colorado?

Colorado Family Court does not legally require divorcing parents to attend ENE; however, judges and divorce lawyers strongly encourage parents to use this valuable tool rather than battling in court. 

ENE is strictly voluntary and confidential. Parents meet with neutral parties who evaluate their parenting situation, willingness to compromise, and individual schedules. The ENE team helps the spouses to understand the court’s standard of making all decisions in the child’s best interests under Colorado Revised Statutes § 14-10-124, which states the following:

“The general assembly urges parents to share the rights and responsibilities of child-rearing and to encourage the love, affection, and contact between the children and the parents.”

How Does Colorado Early Neutral Evaluation Work?

Like mediation, ENE is an alternative dispute resolution process that provides divorcing spouses with an alternative to court for resolving disputes. While divorce is never ideal, reaching a mutually satisfactory settlement agreement and shared child custody schedule allows parents to achieve an uncontested divorce, saving the expense, time, and contention of court, especially in the most emotionally-fraught aspects of divorce, like child custody. The opinions and interpretations presented during ENE help divorcing spouses understand how a court is likely to rule on their disputes.

The ENE process typically occurs as follows:

• The parties’ attorneys schedule a meeting at the courthouse
• The ENA team (often experienced divorce attorneys, retired judges, and magistrates) confers with a judge or magistrate at the beginning of the process
• During the session, each spouse presents their disputes, concerns, and opinions
• The ENA team withdraws to a private room to confer on the details of the case
• The team presents their opinions and findings to the divorcing spouses, typically informing them of how a judge would decide when presented with the circumstances of the case
• The spouses consult with their attorneys to consider the input provided by the ENA team
• The spouses, attorneys, and ENA team work together to craft a settlement and/or custody agreement that aligns as closely as possible with the spouses’ goals and meets the court’s requirements for the child’s best interests and for a fair and equitable division of assets

When all parties agree to the terms of an agreement created under the guidance of ENA, they present it to the court for a judge to sign into binding orders.