You might also hear this called a ‘neutral case assessment’ or an ‘opinion’. An early case assessment (ECA) offers you the chance to have a senior specialist lawyer give an opinion about what a Judge might order, were your case to get as far as a court application.  This can help you to talk in a more constructive way, and allows you to focus on what might or might not work. 

We have three in house ECA specialists, all of whom have many years experience in the family courts. We can also help you instruct other specialist solicitors and barristers who provide opinions, if we are unable to help.

In ECA cases, you decide between you exactly what you would like the specialist to give their opinion on, and you will prepare documentation that supports your case.  You can opt for your chosen professional to look at the case on the papers alone, or you can choose to ask for a meeting at which you would both make representations.  If you have a ‘hearing’ it won’t usually last for longer than 4 hours, unless the case is particularly complex.  Like arbitration, this model allows you to be in control of who you choose, what you ask them to consider and where and how it takes place.  As with most alternatives to court, ENA’s are confidential and privileged and can often be organised at relatively short notice, so it can be a useful addition to our other solutions.  The opinion that you receive isn’t legally binding, but is a useful guide for continuing discussions.

ECA’s can be particularly helpful in mediation or collaborative cases, where couples find themselves ‘stuck’ but don’t want the cost or delay of court.

You can ask for an early case assessment at any stage, but as the name suggests, it is more useful at the start.  It can be used for cases involving arrangements for children or for your finances.