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Mediation/ENE – Scheduling & Tasks

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Legal Quick Sheet – Preparing your client for ENE: Preparing-Your-Client-for-Early-Neutral-Evaluations.pdf

Scheduling ENE

As of July 2025, 5th District no longer uses Ruth Harms for centralized scheduling of ENEs. Contact the neutrals directly.

Early Neutral Evaluation (ENE) scheduling has changed with the Rule 114 updates effective January 1, 2023.  Those updates added a specific rule about scheduling that directs the Neutral to schedule the ENE or ADR process after receiving the appointment order from the court.  Rule 114.04(e) now says: “(e) Scheduling. The Neutral shall schedule the ADR Session in accordance with the Order of Appointment.”  (Emphasis added.)  Rule 114.04(d) requires court administration to provide a copy of the appointment order to the Neutral.  The scheduling is then for the Neutral and not the responsibility of court staff (me), as the ADR process is a confidential process that happens outside of court.  Neutrals can notify the court during the ADR process that a party or attorneys has failed to schedule and attend the ENE or ADR process as ordered.   

5TH DISTRICT ONLY: Email Ruth Harms (Ruth.Harms@courts.state.mn.us), copy OPA or OPP and let her know the neutrals that have been agreed upon and ask for openings

Sample email language:

Good afternoon Ruth,

We would like to request availability for Mary Dunlap and Judge Birnbaum to serve as neutrals for an SENE involving Benjamin A. Roiger and Amanda J. Roiger    Beth Serrill represents Amanda Roiger and Jason Kohlmeyer represents Benjamin Roiger.  Can you please provide availability for Ms. Dunlap and Judge Birnbaum?  Ms. Serrill’s office has been copied on this email to expedite scheduling.  Thank you.

ALL DISTRICTS: Email both neutrals directly, copy OPA or OPP, let them know the parties have agreed to use their service and ask for possible openings

Sample email language:

Good morning,

Mr. Smith and Mr. Kohlmeyer  have agreed to use your services for an SENE. I represent John Smith. Mr. Kohlmeyer represents Ashley Carlson. Would you be so kind as to provide us with your availability?

Scheduling Mediation

Email the mediator directly, copy OPA or OPP, let them know the parties would like to use them for mediation and ask for possible openings. Sample email language:

Good morning,

I’m inquiring regarding your availability to serve as mediator for a dissolution of marriage with children. Mr. Kohlmeyer represents petitioner Dustin Smeins and Mr. Blahnik (included on this email) represents respondent Amanda Smeins.  We would be requesting a half day mediation via zoom. Please advise if you are able to assist us with this matter and, if so, please provide your availability for April and May.

Once ENE/Mediation is scheduled

When we get an actual mediation / ENE date, a few things need to happen

  1. Put the mediation / ENE on the calendar:
    1. All uppercase
    2. Always book for 4 hours (unless otherwise directed by attorney or mediator)
    3. Distinguish if the mediation is actually in person (all parties going to the same location) or if it is via zoom with the client coming to our office.
      • If it is via zoom w/ client coming into office, note the office location in title
      • There may be situation where the mediation is via zoom and the client is not coming into the office, but instead will participate from their home. This is rare and would usually be specifically noted by the attorney
    4. Note the mediator/neutrals and opposing attorney
    5. Be aware the client can see the description.
    6. Select only our client under contacts and leads (Click BOTH Share and Attend)
    7. Only select the attorney under staff (Click BOTH Share and Attend)
    8. Always include zoom instructions in the description (if applicable) and double check
    9. If the client is coming into the office for the mediation, make sure to add it to the calendar for the front desk person as well so they can be aware and have the room ready
  2. Add mediator as a contact on MyCase
  3. If not there already, create a SENE/Mediation folder in client’s file on Sharepoint and MyCase. Save all documents for ENE/Mediation in that folder.
  4. Send OUR Mediation / ENE information sheet to client (templates are in mycase: FAM – ENE Information for Client 
  5. Send documents from the mediator/neutrals to the client. Below are list of common documents we may receive:
    1. ENE – Fee and Confidentiality Agreement (SEND THIS FOR CLIENT’S SIGNATURE IN MYCASE)
    2. ENE – Data Sheet (will need to be completed by client and sent back to us)
    3. ENE – Credit Card Authorization (will need to be completed by client and sent back to us)
    4. Mediation – Agreement to Mediate/ Mediation Agreement (SEND THIS FOR CLIENT’S SIGNATURE IN MYCASE)
    5. Mediation – Confirmation letter with date/time
    6. Mediation – Curriculum Vitae
    7. Mediation – Credit Card Authorization
  6. Send finance an email asking them to request funds from the client. Include the amount to request, what it is for (mediation or ENE) and the due date (see information sheets for more details about how much to request and due date). ( see Family Cases – Request for Funds – K|H Law Wiki (theintervenors.com) )
  7. Set a task with due date for mediation / ENE funds from client
  8. Occasionally, a mediator will ask us to email them documents (like pleadings) or our client’s position on the issues prior to mediation. Any random requests from the mediator like this are the paralegal/legal assistant’s responsibility (for the most part). Paralegals/legal assistant’s will send pleadings (although if you are uncertain about exactly what to send, double check with the attorney). Paralegals/legal assistants will draft any statements the mediators want and then send to the attorneys to approve. SET TASKS FOR ALL THESE RANDOM THINGS so they don’t get missed/forgotten.
  9. Send a message to client letting them know mediation /ENE was scheduled, that it is on the calendar in MyCase, and that you uploaded an information document for them to review/sign as soon as possible. Let them know you also want to schedule a mediation / ENE preparation between them and the attorney about 7-10 days prior to mediation. Provide some potential dates and follow through with getting that scheduled.
    1. Usually schedule for 1 1/2 to 2 hours, knowing that it may not last that long
    2. Can be via phone or in person – whichever client prefers
  10. Check with attorney to see if they want a debt asset sheet prior to mediation / ENE or if mediation is custody/parenting time only. If they want a DA sheet – put task out to complete this.
  11. Check with attorney to see if any additional discovery needs to be completed, if so, put task out to complete that
  12. Share Zoom info with client and put info in Mycase calendar event when received.
  13. Set a task with a deadline for client to complete documents from mediator/neutrals:
    1. SENE – Task should be due two weeks prior to SENE “Have we received signed Fee and Confidentiality Agreement, Credit Card Authorization and completed Data Sheet from client?” We must provide these documents to neutrals no later than one week prior to SENE.  If we don’t have, follow up with client daily.
    2. Mediation – Task should be one week prior to Mediation “Did we received signed mediation agreement?” Also, if a credit card authorization or other payment is due prior to mediation, make sure to add that to the task and follow up with client at one week prior to mediation and daily until it is complete.
  14. Once we receive the documents back from client, send to the mediator/neutrals
    1. ENE: SIGNED fee and confidentiality agreement; COMPLETED data sheet; COMPLETED credit card authorization.
    2. Mediation: SIGNED agreement to mediation; COMPLETED credit card authorization (if required)
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