Early Neutral Evaluation (ENE)

Early, informed guidance to help families reach resolution before litigation.

Early intervention can be the key to resolving family law disputes efficiently and respectfully. At Capistrant Family Solutions, Early Neutral Evaluation (ENE) provides parties with professional, neutral feedback early in the process — helping families save time, reduce stress, and reach agreements that reflect fairness and clarity.

Types of Early Neutral Evaluation

Early Neutral
Evaluation (ENE)

Early intervention designed to narrow or resolve disputes before litigation, reducing emotional and financial strain.

Social Early Neutral
Evaluation (SENE)

A confidential, evaluative process focused on custody and parenting time to help parents make child-centered decisions.

Financial Early Neutral Evaluation (FENE)

An evaluative process focused on financial issues such as support, assets, and property division to promote fair, efficient settlement.

Early Neutral Evaluation (ENE)

Early intervention is often key to resolving family law disputes before parties become emotionally entrenched or financially overwhelmed. Since 2008, Traci Capistrant has served as a neutral evaluator in the Early Neutral Evaluation (ENE) process, a court-established program designed to help parties resolve custody, parenting time, and financial issues early in the case.

The ENE program is a form of Early Case Management that offers families an opportunity to narrow or fully resolve disputes before the litigation process escalates. It has proven to be highly effective in reducing the emotional and financial toll that lengthy custody evaluations and trials often bring.

There are two types of ENE services available:

Social Early Neutral Evaluation (SENE) focuses on custody and parenting time issues.
Financial Early Neutral Evaluation (FENE) addresses the division of assets, debts, and support matters.

Benefits of participating in the ENE process include:

Receiving a neutral, informed evaluation of the case based on input from both parties
The ability to reach resolution quickly and fairly
Significant cost and time savings
Reduced emotional stress on parents and children

As a Rule 114 Qualified Neutral, Traci brings extensive experience and balanced insight to the ENE process, helping families move forward with clarity, confidence, and compassion.

Social Early Neutral Evaluation (SENE)

The Social Early Neutral Evaluation (SENE) is a confidential and evaluative process designed to help parents resolve custody and parenting time issues early in a case. The goal is to assist families in reaching agreements that are in the best interests of the child(ren)—without resorting to lengthy and costly litigation.

The session is facilitated by a two-person neutral team, typically consisting of one male and one female. The team often includes both a family law attorney and a mental health professional, though in some cases, two attorneys may serve as evaluators depending on the circumstances.

How the Process Works

During the session, each parent has the opportunity to share their perspective, propose custody and parenting time arrangements, and outline any concerns they have about the co-parenting relationship.

The process generally begins with the Petitioner, who provides:

A brief overview of the relationship
A history of caregiving for the child(ren)
Any relevant concerns about the co-parent

The Respondent then has the same opportunity to present their perspective. After both parents have shared, each is given a chance to respond to what the other has said. The evaluators may ask clarifying questions throughout to ensure they receive a complete picture.

Importantly, evaluators assess the case through the lens of Minnesota’s Best Interest Factors, Minn. Stat. § 518.17, the legal criteria courts use to determine custody and parenting time. Parents should be familiar with these factors prior to the session.

Once all information has been presented, the evaluators confer privately to develop a confidential, non-binding recommendation regarding what they believe is in the child(ren)’s best interests. The parties then reconvene to hear the feedback and can move directly into a mediation-like process, using the evaluation as a foundation for negotiation. Agreements may be reached during the session or afterward.

Benefits of SENE

The SENE process is ideal for parents who:

Want objective input from experienced professionals
Prefer to keep decisions in their own hands rather than leaving them to the court
Are focused on making child-centered decisions that reflect their family's unique circumstances

Like mediation, most SENEs are now conducted via Zoom, allowing for the use of private breakout rooms to preserve confidentiality and comfort for all parties.

Financial Early Neutral Evaluation (FENE)

The Financial Early Neutral Evaluation (FENE) is a confidential, evaluative process focused solely on financial issues in family law matters. It is designed to help parties resolve disputes early in the case, saving time, reducing legal costs, and minimizing conflict.

Unlike the SENE, the FENE involves one neutral evaluator, typically an experienced family law attorney or financial expert.

Common Issues Addressed in FENE:

Spousal maintenance (alimony)
Child support
Division of assets and debts
Valuation and division of non-marital property

The FENE Process

Prior to the session, a brief phone conference is typically held between the evaluator and the parties (or their attorneys) to:

Clarify the financial issues in dispute
Identify any necessary documentation
Determine whether professional appraisals or valuations (e.g., real estate, business interests, retirement accounts) are needed beforehand

This preparation helps ensure the session is as productive as possible. FENE sessions are usually scheduled for 3 to 4 hours, though additional time or multiple sessions may be required depending on the complexity and number of issues involved.

Why Choose FENE?

The FENE process provides parties with:

A neutral, expert opinion on likely outcomes if the case were to proceed to court
An opportunity to resolve financial disputes efficiently and fairly
The ability to avoid prolonged litigation and retain control over financial decisions

As with other forms of early neutral evaluation, FENEs are confidential and non-binding—designed to promote settlement without court involvement.

Domestic Abuse Considerations in ENE

In cases involving domestic abuse, the Early Neutral Evaluation (ENE) process may not be appropriate—or may require specific adjustments to ensure the safety and comfort of all participants. If a restraining order is in place, it must be modified in advance to permit both parties to participate in the same session, even if conducted virtually.

It is essential that the neutral evaluator is informed of any history or concerns related to domestic abuse prior to the session. This allows for appropriate safety accommodations, such as separate meeting spaces (in person or virtual), staggered arrivals, or the presence of support persons. The goal is to ensure that the process remains respectful, balanced, and safe for everyone involved.