Navigating the Social Early Neutral Evaluation Process

Understanding the Social Early Neutral Evaluation (SENE) process and preparing effectively can aid parties in resolving their custody and parenting time issues at an early stage of the proceedings.

 

The SENE

 

In Minnesota, courts encourage alternate dispute resolution (ADR) methods for custody and divorce cases, including mediation, structured settlement conferences, or Early Neutral Evaluations. Specifically, when addressing custody and parenting time disputes, Early Neutral Evaluations are often termed Social Early Neutral Evaluations (SENE).

The primary goal of SENE is to achieve an early resolution of custody and parenting time issues. This process is proven to be highly effective, with over 70% of cases resolved successfully through this or similar methods. The key to success in SENE is thorough preparation.

 

What to Expect

 

• The SENE typically lasts around three hours, though it may extend to three and a half hours. Ensure you are available for the entire duration.

 

 

• The process is confidential, ensuring that nothing stated during the SENE can be used in court proceedings.

 

 

• Participation in SENE is voluntary, meaning you can terminate the session at any point.

 

 

• Usually, there will be two evaluators — one male and one female — who will brief you on procedures. You might need to sign a SENE form acknowledging your understanding of the process, and fees might be paid upfront.

 

 

• After procedural introductions, each party is given about 20 minutes to express their desires regarding custody and parenting time, emphasizing what you believe is best for your children. The evaluators are there to listen to your story; hence, your attorney's role is mainly supportive.

 

 

• Parties will have approximately five minutes each to respond to the other’s statements.

 

 

• Evaluators will inquire with questions for clarity or additional details.

 

 

• Post-discussion, the evaluators confer privately to assess the information. They may either request further information or present recommendations based on their analyses.

 

 

• Both parties, along with their legal counsel, will then discuss these recommendations and explore potential settlement offers. Negotiations might happen collaboratively or with the evaluators mediating offers between rooms.

 

 

How to Prepare

 

• Describe Your Child: Start by illustrating your child’s personality. Are they shy or outgoing? Engaging with personal anecdotes can paint a vivid picture.

 

 

• Photos: Bring 5-6 hard copies of pictures featuring interactions with your child and family members. Photos depicting your home environment can also be beneficial.

 

 

• Chronology of Care since Birth: Prepare a brief history of childcare since birth, highlighting with warm narratives and specifics how care has evolved over time.

 

 

• Outline of Parenting Concerns: Discuss the importance of both parents in your child’s life before addressing any concerns. Categorizing concerns in advance can prevent you from missing crucial points.

 

 

• Supporting Documentation: Gather documentation from medical providers, schools, or legal sources to substantiate your claims. Print out any pertinent communications with the other parent that might support your case.

 

 

• Work Schedule: Be aware of your work schedule and how it may impact your capacity to care for your children.

 

 

• Proposed Schedule: Have a proposed custody and parenting time schedule ready to present during the SENE.

 

 

Outcome Scenarios

 

Agreement Reached: If consensus is achieved, attorneys will collaborate with the evaluator and court to draft documents ensuring the agreement's enforcement.

No Agreement: Should the SENE process be unsuccessful, the case returns to the assigned judge, with a discovery timeline established for trial preparation.