Winners of Family Law Team of the Year – Chambers HNW Awards 2024
Early Neutral Evaluation (“ENE”) is a method of alternative dispute resolution where the parties invite a neutral third party to consider the particular circumstances of their cases and express a view as to how they think a court would be likely to deal with those circumstances. Often the third party will be an experienced barrister who is well-versed in knowing how the court is likely to deal with similar cases
In financial remedy cases this is often done by way of a private FDR, essentially mirroring the court based negotiation hearing (known as a Financial Dispute Resolution hearing) but done on a private basis. ENE usually refers to disputes about children but the process is essentially the same.
We have vast experience of conducting private FDRs and ENEs. We are able to guide you through the process and make recommendations of a suitable tribunal for your particular case.
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Navigating changes to your family structure requires specialist expertise, strategic thinking and a genuine understanding of your situation. At Payne Hicks Beach, our experienced solicitors are dedicated to protecting your assets, your family and your privacy while ensuring a fair and favourable outcome.
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Why Choose Payne Hicks Beach for Family Law?
Recognised by Chambers HNW (Band 1) and Legal 500 for specialist expertise, strategic advice, and handling of high-complexity cases. Our partnership of experienced family law specialists ensures you benefit from the best collective knowledge in the field.
We are proficient in all areas of family law from advising in relation to nuptial agreements, dealing with complex and often international financial remedies cases and are highly experienced in all aspects of family law relating to children including regulating arrangements for their care, domestic and international relocation and child abduction. No matter how challenging your circumstances may seem, our team has the experience and sensitivity to guide and support you through every aspect of the process.
High Net Worth family law cases often require input from other disciplines, including tax planning, wealth protection, business succession, reorganisation or creation of trust structures and property arrangements. As a multi-service firm we are able to offer comprehensive support in wealth, tax, business, reputation management and private client matters delivering a coordinated strategy.
We understand that privacy and discretion are of critical importance to our clients. As well as being seasoned litigators we are also highly experienced in all aspects of Non-Court Dispute Resolution including arbitration, mediation and private hearings. We are committed to ensuring your family’s privacy and reputation are protected throughout the process.
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FREQUENTLY ASKED QUESTIONS
The advantage of having a private FDR/ ENE is that the parties can arrange it to take place at a convenient time and location and select the identity of the neutral third party. The chosen evaluator will have considerably more time to prepare and is likely to be able to dedicate greater time to the parties on the day than a Judge would.
Speed, cost and flexibility are some of the benefits. However, a key benefit is that the purpose of ENE/ private FDR is to help the parties to reach an agreement together. Often parties find it more palatable to reach a solution that they can both live with together rather than having an outcome imposed upon them by a court. The autonomy of reaching a decision is often empowering.
Confidentiality – the process is confidential and can also be arranged to take place at a discreet location. This can be an important factor if the press may be interested in a particular case.
At a private FDR or ENE, the adjudicator takes the role of the judge. He or she will listen to each party set out their case and listen to what they think the outcome should be. After considering both parties’ positions and reviewing the relevant document, he or she will deliver a reasoned opinion on what the outcome should be. The parties will then retire from the hearing room and will enter into negotiations to see if they can resolve the case based upon the opinion they have just heard. These hearings are highly effective.
No. The evaluator/ judge cannot impose an outcome upon the parties but can only guide them towards reaching a decision together. This is similar to a court-based FDR.) Therefore, whilst the success rate is extremely high, there are cases that will then need to progress, either via court proceedings or arbitration.
In the event that it is possible to reach an agreement on the day, or shortly thereafter, then the parties respective lawyers will be in a position to draw up an order reflecting the terms of the agreement that can then be submitted to the court to be approved by a judge. Once approved, that agreement would have the status of an enforceable court order.
