Early Neutral Evaluation (ENE)

CASE :

TITLE : UPUAN

Plot :A simple CHAIR story

Characters :

Miss Molina : Aggrieved Party

Malaki : Respondent :

Malakis Single Mom :

Molina Lawyer :

Representative of the Evaluators Body ( kckulangtayodapat more than 1 )so

lagyan n lang ng papersanoo EVALUATORS para kunwaridamisila:

SKIT DRAMA ( PROPER )

FIRST SET UP :Court Room ( Early Neutral Stage )

All parties are present :

EVALUATORS ( sitting on the Main chair ) : Nandito po tayo ngayon para

pagusapan ang complain ni Miss Molina sa inyo Mr. Malaki, Miss Molina
binibigyan kita ng pagkakataon para sabihin ang iyong saloobin.
Molina Lawyer : Sige lang Miss Molina , ilahad mo kay Sir ang dahilan
bakit tayo humantong dito.

Molina : ( crying and angry ) Bakit mo ginawa sa kin to Malaki, Ikaw

lamang ang lalaking minahal ko, tapos lahat ng savings ko, pati mana at ari-
arian ko ibinuhos ko sa preparation ng kasal natin , Binigay ko na sayo lahat,
WALANG HIYA KA, MANLOLOKO!!!.

EVALUATORS: Anong masasabi mo naman Mr .Malakas, masakit talaga

ang ginawa mo kay Miss Molina, may sapat siyang dahilan para magfile sa yo
ng damages.

Malaki : Hayaan niyo muna akong magpaliwanag

( then music transition for the facts )

I Simulation of Facts

Set Up( Entire Presentation ): Just Put a Single Chair In front ( On these
chair all the events will happen simultaneously upto the ending )

A. ( 1st Scenario : Music Playing love song it will be the first

one to be heard by the audiences , then after 30 seconds Malaki and
Molina will be seen walking in the Park holding hands , Molina will sit
down on the Chair then Malaki will be so sweet to her giving her Roses
and the likes magdrama kayo n kunwarinagliligawan
hangangsinagotni Molina si Malaki-end first Scene)
 B. 2ndScenario : Malaki and Single Mom :

CONVERSATION:

Malaki : Pero Ma, bakit ganun ngayun lang po ako Nain-love at naging
Masaya tapos hindi mo pa ko kayang suportahan.

Single Mom : Malaki I told you lahat ng Meron tayo ngayun kinuha ko sa
marangal na trabaho, the parents of your Girlfriend ang dahilan nanamatay
ang Papa mo, yang CONSTRUCTION nila ang kumitil sabuhay ng papa mo
( Mom Crying ). TIGILAN MO NA YAN!

Malaki : ( feels bad , and just Consoles her mom with instrumental)

C. 3rd Scenario: Malaki and Molina

Malaki : ( Concealing the Truth from Molina continues to be in- love with her
and promises to Marry her ). Mahal ko ,napagisip isip ko dalawang taon na
tayo, kahit anong bagyo kaya nating lampasan..

Molina : Mahal q, mukang malalim yata ang iniisip mo , may problema ba?

Malaki : .. ah eh.. ah MAGPAKASAL na TAYO Mahal q.. will you marry me

( magbigay ng singsing n nkatago sa likod niya )

Molina : ( shock kunwari pero super saya ) .. Yes Mahal q, yes.

D. 4th Scenario ( Music Only kayo n bahala choose music - ) Molina
preparation for wedding ( very busy shopping for everything , talking
to coutiers , going to the church in short eto n yong damages make
it creative )

E. 5thScenario (with telephone ring): Two days before the wedding Malaki
single Mom called Him

( Talikuranlangmagkausapsa phone mother sitting on the chair of a

hospitalmalakinakatayonkatalikod para kunwari two places away )

Mom/3rd person : Malaki, umuwi ka na , inaatake ang Mama mo

kanina andito sya ngayon sa hospital de Manila, sabi ng doctor
malubha daw ang kanyang lagay heart Failure. Pumunta ka na agad
ditto ( then aalis sa chair papalitsiMalaki )

Malaki : (call Molina ) Mahal ko , nagkaemergency sa bahay , uwi

muna aq balik ako after two days, naayos naman n natin lahat.

Molina: Anong nangyari mahal? Anong problema? Paano yan

dalawang araw na lang at ikakasal na tayo

Malakas: Alam ko Mahal, ayusin ko lang muna yong problema,

TRUST ME at babalik ako. Mahal na mAhal kita.

F. 6th Scenario: (Molina and relatives are in the church but

Malakas is nowhere to find w/heartache Instrumental Song )
G. 7thScenario : Back to the Courtroom : ( same positions of
the arbiter , lawyer and the parties )

Malakas : Si Mama nasa bahay ngayon na half-stroke, bed ridden na

lang, inatake siya nong araw na sinabi kong pakakasalan kita ..mahal n
mahal kita Molina pero kailangan kung magparaya at kalimutan muna
ang sarili kong kaligayan,

Alam mo ban a namatay ang Papa sa construction ng parents mo,

naaksidente siya dun, pacensiya k na hindi ko sinabi sa you, ang hiling
niya wag kung ituloy ang kasal kaya tumawag siya nong araw n yun

Molina : ( Crying )

( Hinayaan ng lawyer and EVALUATORS na humupa ang tension for a

moment )

EVALUATORS: Both parties nasabi na ang mga saloobin, Miss Molina

may sapat naman palang dahilan si Mr Malaki kung bakit hindi niya
tinuloy ang kasal niyo. Ms. Molina its not the end of the world.

Molina (Angry): Nasasabi nyo lang yan kasi wala kayo sa kalagayan
ko. Hindi nyo ako naiintindihan.

Atty of Miss Molina: (will talk to her client and comfort her ) Miss
Molina, andun n tayo pero hindi k pa rin pwedeng pumayag at hindi mo
naman deserve nahindi bigyan ng explanation of what happened , still
you have to consider yong mga gastos mo , yong savings mo and
others. Yong mga ginastos mo sa pagfile ng case na to.
EVALUATORS: Tama naman si Atty kaso Miss Molina you need to
consider also kapag kinaso mo to, there are two things that will happen
,masyadong malalim ang pinagmulan ng kaso na to

1. It concerns your Emotion ,paulit ulit mong maalala ang mga

pangyayari .. mahirap talaga ang situation mo miss Molina naiintidihan
kita, pero andito ako para hindi k n pahirapan pa, kailangan mong
maintindihan kung anong pinapasok mo.

Molina : ..( quiet and nodding )..

2. Second : Magagastusan ka ulit, because if we will continue this, you

need to spend again for everything,

Molina (facing Malaki): .. Napagisip ko, hindi na magkakaso pero

kailangan mong bayaran ang lahat ng mga nagastos ko ( show the
receipts etc 250k all and all ), so bayaran mo yung 250k para
makapagsimula naman ako.

Malaki : Wala akong ganyang kalaking Salapi sa ngayon alam mo

naman na kakastroke lang ni mama pero hahanapan ko ng paraan,
pwede bang installment ko n lang sa you for 1 year.

Molina : Ayoko ng 1 year antagal ko pang makikita yang pagmumukha

mo ..

EVALUATORS : Sandali Miss Molina kausapin kolang si Mr MalakiMr

Malaki , total pumayag na Si Miss Molina na hindi na magsampa ng
kaso, asikasuhin mo na to, baka may magawa ka na paraan para mas
mapabilis ang pagbayad mo kay miss Molina, Need mong maintindihan
katulad ng mga sinabi ko kanina na kapag tinuloy niya to , another
problem and expense for you at the same time, emotionally
mahihirapan ka din dahil minahal mo naman si Miss Molina. And the
most important, para magkaayos kayo at posibleng ma-ibalik
yong nasira nyong relasyon.

Malaki : Salamat Mr Arbiter sa paalala , naisip ko meron akong

makukuhang Bonus next month, iniisip ko sanang gamitin pang
puhunan sa itatayo kong negosyo, pero sige para matapos na to at
makabawi naman ako kay Miss Molina idiretsoko n lang sa kanya, pero
still ang kaya ko ay 6 months.

EVALUATORS : Miss Molina , ginawan n ng paraan ni Mr. Malaki,

malaking bagay na yong nabawas na 6 months. Anong masasabi mo?

Molina : Sige okay na ko pero ayoko ng makita pa ang mukha niya , so

pakideposit n lang sa account ko.

( In short they had an agreement and the Early- Neutral Stage

was successful and there was no case filed )
MY REASEARCH : ( BASA )

What is Early Neutral Evaluation?

Court. It happens about 3 to 4 weeks after you file.

The ICMC is an informal meeting with the judge, you, the other person and
your lawyers if you have them. The idea is for everyone to be able to speak
freely and resolve as many issues as possible.

If there are issues left that are not resolved at the ICMC, the judge may ask
for an Early Neutral Evaluation (ENE). There is also a chance that the judge
will go ahead without an ENE, but then call for one later.

Early Neutral Evaluation (ENE) is a process some courts use to try to resolve
custody, parenting time or money disagreements outside of the formal court
setting. It is voluntary, you and the other person have to decide if you want
to do it or not.

You may not want to agree to an ENE if:

You are scared of the other party.

The other party has abused you.

The other party has a lawyer and you do not.

You feel you cannot be honest about your concerns in front of the
other party.

You feel the other party will not be honest.

The other party has mental health or dependency issues.

There are 2 Kinds of ENEs

Social ENE is for custody and parenting time issues

 Financial ENE is used for division of property disagreements.
Property includes debts.

The ENE is run by neutral evaluators who are experienced Family Court
Services staff, Family Law lawyers or accountants. Each county sets up
procedures, time lines, fees and has lists of evaluators.

You and the other person, or your lawyers, will choose evaluators from
a list they give you.

Social ENE:

At any point in the legal process about custody or parenting time

the court can refer you to Family Court Services for an ENE.

You, the other party, and your lawyers if you have them, meet with
2 neutral evaluators. One male and one female to keep it fair. The ENE
usually happens within 1 to 3 weeks.

About 3 hours are scheduled for the social ENE. But it could be done
faster or take longer.

There is usually a deadline to get it done. The judge at your ICMC

will order that the ENE be done within a certain period of time. It is
usually 30-90 days.

Financial ENE:

At the ICMC the court may call for a financial ENE if there are
financial issues that you cant agree on.

You, the other party, and your lawyers if you have them, meet with
a neutral evaluator. The ENE usually happens within 1 to 3 weeks.

About 6 hours are scheduled for the financial ENE. But it could be
done faster or take longer.

There is usually a deadline to get it done. The judge at your ICMC

will order that the ENE be done within a certain period of time. It is
usually 30-90 days.

F-9 pg. 2

What happens at the ENE?

1. The evaluators ask one of you to present your case. This is not a formal
court

presentation. It is a chance for you and the other person to talk about
how you want things to work out. The evaluators may ask questions.
While one person is talking, the other cannot interrupt or react in any
way. It is very important to stay calm.

Then the second person has the same chance to present their case and
what they think should happen. Again, evaluators may ask questions.
The other person cannot interrupt or react.

2. Next the evaluators meet alone for about 15 minutes. When they come
back they tell you what they think will happen if the case goes to court
and a judge decides.

3. The evaluators ask both of you to start talking about the things you
cannot agree on. You may come to an agreement on some or all of the
things.

4. At the end of the ENE the evaluators write a report listing the
agreements that you make.

o If everything is resolved, the evaluators tell the court the

parties have come to an agreement. If this happens you may not
have to go to court.

o If only some things are resolved, then the evaluators tell the
court the agreements about those things. The rest has to be
decided by the court.

o If no agreements are made on custody, the court could have a

custody evaluation done or set your case for a trial.

o If no agreements are made, everything has to be decided in

court.

Does the court know what happens at the ENE?

The court will only know about the agreements you and the other
person made. All other information is kept private. The court will
not know about conversations, opinions, or things you did not
agree on during
the ENE. This makes sure the court procedure is not affected by
information from outside the courtroom.
 But it is important to know that just because information was
brought
up in the ENE does not mean that evidence may not be
introduced
later in court proceedings. For example, if a childs report card is
introduced in the ENE, it can also be introduced in court. But
nobody that was at the ENE can talk about conversations they
had about the report card.

F-9 pg. 3

What should I bring to the ENE?

Notes to help you in your statement to the evaluators. List the

details about your situation you dont want to forget. Also, make a
clear list of what you want to happen.

Your lawyer, especially if the other party has one.

Pictures of the children for a social ENE.

Financial records, for a financial ENE. Things like bills, pay stubs, tax
returns, bank

statements, information on life insurance and retirement accounts.

How much does an ENE cost?

There is a cost for an ENE. The cost varies from county to county. But,
the cost of an ENE is often far less than the cost of going to court. If
you have a low income there is a sliding fee scale to help. If the court
has waived your filing fee some counties may waive your ENE fee.

This Sounds Great. Are there downsides?

The evaluators only have the information you and the other person
give them. If any information is left out or not presented clearly and
truthfully the evaluator might not have a complete understanding of
the situation. You could end up with an evaluation that does not seem
fair to you or the other person. This is why it is so important to get
ready ahead of time and present your side fully. A lawyer can help by
reminding you about facts or asking you questions when you tell your
side.
 Remember: the worst thing that can happen is that no agreements are
made. A few hours and some money were spent; but no party is worse
off legally than they were before the ENE. And again, all information
and discussion happening at the ENE will not be shared with the court.

What makes ENEs work?

Many times when people learn how a judge will probably rule, they are
more willing to work out an agreement. If one party learns they dont
have a strong case, they might be more willing to work out a
compromise.

For many people, an ENE is the first time they have had a neutral
setting to talk things out with each other and get input from others
with experience. Because of this people are more willing to try to
understand the other side and work things out. Also, because an ENE
can save you time and money there is more reason to make it work.

Family Court Process: Early Neutral Evaluation (ENE)

After you file your papers for a divorce or paternity case you have an Initial
Case Management Conference (ICMC). You will get an ICMC data form. Fill it
out and file it at least 5 days before the ICMC. The ICMC is your first
appearance in Family

What is Early Neutral Evaluation?

Court. It happens about 3 to 4 weeks after you file.

The ICMC is an informal meeting with the judge, you, the other person and
your lawyers if you have them. The idea is for everyone to be able to speak
freely and resolve as many issues as possible.

If there are issues left that are not resolved at the ICMC, the judge may ask
for an Early Neutral Evaluation (ENE). There is also a chance that the judge
will go ahead without an ENE, but then call for one later.

Early Neutral Evaluation (ENE) is a process some courts use to try to resolve
custody, parenting time or money disagreements outside of the formal court
setting. It is voluntary, you and the other person have to decide if you want
to do it or not.

You may not want to agree to an ENE if:

You are scared of the other party.

 The other party has abused you.

The other party has a lawyer and you do not.

You feel you cannot be honest about your concerns in front of the
other party.

You feel the other party will not be honest.

The other party has mental health or dependency issues.

2014 For more fact sheets and other help go to www.LawHelpMN.org F-9 pg. 1

There are 2 Kinds of ENEs

Social ENE is for custody and parenting time issues

Financial ENE is used for division of property disagreements.

Property includes debts.

The ENE is run by neutral evaluators who are experienced Family Court
Services staff, Family Law lawyers or accountants. Each county sets up
procedures, time lines, fees and has lists of evaluators.

You and the other person, or your lawyers, will choose evaluators from
a list they give you.

Social ENE:

At any point in the legal process about custody or parenting time

the court can refer you to Family Court Services for an ENE.

You, the other party, and your lawyers if you have them, meet with
2 neutral evaluators. One male and one female to keep it fair. The ENE
usually happens within 1 to 3 weeks.

About 3 hours are scheduled for the social ENE. But it could be done
faster or take longer.

There is usually a deadline to get it done. The judge at your ICMC

will order that the ENE be done within a certain period of time. It is
usually 30-90 days.

Financial ENE:
 At the ICMC the court may call for a financial ENE if there are
financial issues that you cant agree on.

You, the other party, and your lawyers if you have them, meet with
a neutral evaluator. The ENE usually happens within 1 to 3 weeks.

About 6 hours are scheduled for the financial ENE. But it could be
done faster or take longer.

There is usually a deadline to get it done. The judge at your ICMC

will order that the ENE be done within a certain period of time. It is
usually 30-90 days.

F-9 pg. 2

What happens at the ENE?

1. The evaluators ask one of you to present your case. This is not a formal
court

presentation. It is a chance for you and the other person to talk about
how you want things to work out. The evaluators may ask questions.
While one person is talking, the other cannot interrupt or react in any
way. It is very important to stay calm.

Then the second person has the same chance to present their case and
what they think should happen. Again, evaluators may ask questions.
The other person cannot interrupt or react.

2. Next the evaluators meet alone for about 15 minutes. When they come
back they tell you what they think will happen if the case goes to court
and a judge decides.

3. The evaluators ask both of you to start talking about the things you
cannot agree on. You may come to an agreement on some or all of the
things.

4. At the end of the ENE the evaluators write a report listing the
agreements that you make.

o If everything is resolved, the evaluators tell the court the

parties have come to an agreement. If this happens you may not
have to go to court.
 o If only some things are resolved, then the evaluators tell the
court the agreements about those things. The rest has to be
decided by the court.

o If no agreements are made on custody, the court could have a

custody evaluation done or set your case for a trial.

o If no agreements are made, everything has to be decided in

court.

Does the court know what happens at the ENE?

The court will only know about the agreements you and the other
person made. All other information is kept private. The court will
not know about conversations, opinions, or things you did not
agree on during
the ENE. This makes sure the court procedure is not affected by
information from outside the courtroom.

But it is important to know that just because information was

brought
up in the ENE does not mean that evidence may not be
introduced
later in court proceedings. For example, if a childs report card is
introduced in the ENE, it can also be introduced in court. But
nobody that was at the ENE can talk about conversations they
had about the report card.

What should I bring to the ENE?

Notes to help you in your statement to the evaluators. List the

details about your situation you dont want to forget. Also, make a
clear list of what you want to happen.

Your lawyer, especially if the other party has one.

Pictures of the children for a social ENE.

Financial records, for a financial ENE. Things like bills, pay stubs, tax
returns, bank

statements, information on life insurance and retirement accounts.

How much does an ENE cost?

There is a cost for an ENE. The cost varies from county to county. But,
the cost of an ENE is often far less than the cost of going to court. If
you have a low income there is a sliding fee scale to help. If the court
has waived your filing fee some counties may waive your ENE fee.

This Sounds Great. Are there downsides?

The evaluators only have the information you and the other person
give them. If any information is left out or not presented clearly and
truthfully the evaluator might not have a complete understanding of
the situation. You could end up with an evaluation that does not seem
fair to you or the other person. This is why it is so important to get
ready ahead of time and present your side fully. A lawyer can help by
reminding you about facts or asking you questions when you tell your
side.

Remember: the worst thing that can happen is that no agreements are
made. A few hours and some money were spent; but no party is worse
off legally than they were before the ENE. And again, all information
and discussion happening at the ENE will not be shared with the court.

What makes ENEs work?

Many times when people learn how a judge will probably rule, they are
more willing to work out an agreement. If one party learns they dont
have a strong case, they might be more willing to work out a
compromise.

For many people, an ENE is the first time they have had a neutral
setting to talk things out with each other and get input from others
with experience. Because of this people are more willing to try to
understand the other side and work things out. Also, because an ENE
can save you time and money there is more reason to make it work.