At most initial custody or divorce with children hearings in Minnesota, parents will be told about a process, Social Early Neutral Evaluation (SENE). SENE is a hybrid alternative dispute resolution process which include components of mediation, evaluation, and an assessment by the providers of the likely outcome of the matter based on the facts of the case, law and assigned judge. For parents anticipating litigation, the proposal by a judge of the SENE process can seem confusing or counter-intuitive.
Where did SENE come from?
Before diving into the process itself, it is helpful to understand the backdrop of where the SENE program originated. SENE was actually not developed in Minnesota. California, starting in the 1980’s, was the frontier for the SENE process. California recognized that the SENE process 1) reduced costs, 2) decreased court backlog, 3) decreased conflict between parties, and 4) had lasting, lower conflict, co-parenting families.
In light of the benefits seen in California courts, Minnesota initiated the program in limited judicial districts. The fourth judicial district (Hennepin County) piloted the SENE/ENE process in 2001. In the 2007-2009 “Minnesota Judicial Branch’s Fiscal Strategic Plan”, the process was emphasized to address the branch's strategic priorities. By 2010, all Minnesota judicial districts had instituted the program.
What is the SENE process?
First and foremost, SENE is a voluntary process. Neither an attorney nor a judge can “force” either party to engage in the process. It is entirely a party’s decision to move forward.
Absent a provider being a mandated reporter of child abuse, the process is also strictly confidential. This means that neither party nor attorney, except for when the parties come to an agreement, can tell the judge any information that they learned in the process about the other party or children. Nor, can the providers. This confidentiality allows both parties to freely share information and settlement ideas without the fear that it will show up in subsequent affidavits.
The SENE is generally held by two providers: a man and a woman. Parents are provided with a list of eligible team members who have a mental health and/or legal background. While parents are encouraged to pick one member with a mental health and one with a legal background, there is no requirement to do so.
Once the parties agree on the providers, an order is issued which appoints the providers and lists their contact information. (Some judicial districts provide a date and time for the SENE.) Prior to the SENE, most providers will request the initial pleadings in order to understand the parties and children that the action is related to. The providers will also give each parent a contract describing the contractual relationship between the providers and parents and the costs to each parent. Generally, this is the bulk of the information the providers receive prior to meeting with the parents at the SENE.
At the SENE, parents will be provided with an overview of the process from the perspective of the provider. The only people allowed at the SENE are the parties, lawyers, and SENE providers. After the overview is completed, the providers will request that the parents show pictures of the children that they have brought. At this point, providers may request that each parent make their payment or the provider may wait until the end of the process.
After the introduction period, the petitioner will start with their informal presentation followed by the respondent. The informal presentation should include: a history of the relationship, description of parenting arrangements, description of the children including any special needs, overview of the current and proposed parenting time schedule, parenting strengths and challenges of each parent, and any agreements of the parents. During this process, each parent will be allowed to respond to the other parent, but only when it is their time to speak. The providers will also be able to ask any questions.
Once the providers have obtained all information that the need, they will meet away from the parents and lawyers to discuss the case. After they have discussed the case the providers and the parents come back together and the providers relay their evaluation of the parents and what they believe the court would order in the case. Parents are free to ask questions regarding the providers opinions. Parents are then asked whether they are agreeable to some, all, or none of the proposal.
If the parties are unable to come to a full agreement, the providers change hats from evaluators to mediators to help the parents, if possible, come to agreements about the remaining issues. At the end of the SENE, the providers or attorneys will write up an agreement stating the areas of agreement, if any, or the court will be notified that the parents appeared but were unable to come to a full agreement.
How should I prepare?
Make a list of your proposed parenting time schedule (including holiday and vacation). Would you like the schedule to change in the summer? As your child gets older, should the schedule change (graduated schedule)? Additionally, be able to state your proposed custody arrangements. Determine what the best and worst case agreement would look like.
Make a list of both your and the other parent’s strengths and weaknesses.
Make a list of what your and the other parent’s role has been in parenting. (Who took the child to the doctor? Took time off of work to take care of the child when the child was sick? Who packed the child’s lunch?)
Reflect on your child and think about what is in your child’s best interest and why you think that is in your child’s best interest. If your child could express a preference, consider what they would want and why.
Put this information together into a 20 minute spoken format and practice!!!
What if I experienced domestic violence in the relationship?
If you have experienced domestic violence in the relationship, it is very important for the judge and the providers to have this information. While this may be difficult to talk about, the judge and providers are highly experienced professionals and have dealt with countless families experiencing domestic violence. If you chose to engage in the SENE process, accommodations can be made: you can chose to be in the same room (for the entire time or you can separate if the situation becomes too uncomfortable) or you can chose to be in separate rooms (the other party will be provided with a summary of what is being said or may be able to listen in through speaker phone).
What should parents bring to the SENE?
Notes (if necessary);
Notebook and pen;
One or two pictures of the child(ren);
Payment for the provider (cash, money order, or credit card-verify that credit card is acceptable);
Drinks and snacks (the process lasts three hours or more) and
Parking fees (if applicable).
The SENE process can be a very beneficial process for some parents. Parties can save time, money, and reduce conflict. Most importantly, the process allows them to remain in control of important relating to their family and creative solutions which may not be available if the judge makes the decisions. If you have questions regarding the SENE process or you are considering starting a divorce or custody action, please contact the Rybicka Law Office, PLLC at 612.573.3690 for a complimentary consult.
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