New Hampshire
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in New Hampshire. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in New Hampshire can be found in RSI’s Research Library and in Reports below.
State Legislation
- New Hampshire Statutes 328-C:1-13: Family Mediators
- New Hampshire Statutes 458:15-c: Annulment, Divorce and Separation Mediation
- New Hampshire Statutes 461-A:7: Mediation of Cases Involving Children
- New Hampshire Statutes 461-A:17: Special Fund Established
- New Hampshire Statutes 490-E: Office of Mediation and Arbitration
- New Hampshire Statutes 491:7-a: Business and Commercial Dispute Docket
Statewide Court ADR Rules and Policies
- Rules of the Supreme Court of the State of New Hampshire: Rule 12-A Mediation
- Rules of the Superior Court of the State of New Hampshire Rule 32: Alternative Dispute Resolution
- Rules of the Superior Court of the State of New Hampshire Rule 33: Arbitration by Agreement
- Rules of the Superior Court of the State of New Hampshire Rule 34: Judge-Conducted Intensive Mediation
- New Hampshire Probate Administrative Order 11: Probate Mediation Policies
State Office of Court ADR:
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
New Hampshire Statutes 328-C:1-13: Family Mediators
New Hampshire Legislature. Jul. 1, 2015Resource Type: Legislation
Abstract: This statute relates to mediation in family cases in New Hampshire. Under the statutes, a certification board shall be established in order to maintain a roster of qualified mediators as well as establish procedures, eligibility requirements, trainin...
New Hampshire Statutes 461-A:17: Special Fund Established
New Hampshire Legislature. Jul. 1, 2011Resource Type: Legislation
Abstract: The judicial council shall have no responsibility for the payment of the costs of a mediator or a guardian ad litem for any party under Title XLIII: Domestic Relations, Chapter 461-A: Parental Rights and Responsibilities. ...
New Hampshire Statutes 461-A:7: Mediation of Cases Involving Children
New Hampshire Legislature. Jul. 1, 2011Resource Type: Legislation
Abstract: For all cases involving disputed parental rights and responsibilities issues, this statute allows the court to refer the parties to mediation. The statute also lists those cases that may be ineligible for referral and establishes privilege and confid...
New Hampshire Statutes 490-E: Office of Mediation and Arbitration
New Hampshire Legislature. Jul. 1, 2011Resource Type: Legislation
Abstract: This statute establishes the Office of Mediation and Arbitration to guide the development of and promote the use of alternative dispute resolution (ADR), and serve as a resource to courts regarding ADR, among other duties. The office will be administ...
New Hampshire Statutes 458:15-c: Annulment, Divorce and Separation Mediation
New Hampshire Legislature. Jan. 1, 2010Resource Type: Legislation
Abstract: This statute permits the use of mediation in annulment, divorce and separation cases. Under this statute, the court may order parties to participate in mediation upon the request of either party. Mediation may be used to discuss all relevant issues t...
New Hampshire Statutes 491:7-a: Business and Commercial Dispute Docket
New Hampshire Legislature. Jun. 3, 2008Resource Type: Legislation
Abstract: Under this statute, claims in the Superior Court related to breach of contract, fraud, business tort, property, surety bonds, franchisee/franchisor relationships, non-medical malpractice, real estate title petitions, commercial class actions and comm...
Rules
Rules of the Superior Court of the State of New Hampshire Rule 34: Judge-Conducted Intensive Mediation
Superior Court of New Hampshire. Jan. 1, 2019Resource Type: Rules - Court
Abstract: Under this rule, in complex civil cases with a possibility of monetary damages exceeding $250,000 parties may request judge-conducted intensive mediation. ...
Rules of the Superior Court of the State of New Hampshire Rule 33: Arbitration by Agreement
Superior Court of New Hampshire. Jan. 1, 2019Resource Type: Rules - Court
Abstract: Under this rule, if all parties agree they may request arbitration before filing a lawsuit. ...
Rules of the Superior Court of the State of New Hampshire Rule 32: Alternative Dispute Resolution
New Hampshire Superior Court. Jan. 1, 2019Resource Type: Rules - Court
Abstract: This rule requires that all civil cases attend an alternative dispute resolution process like mediation or arbitration unless the parties together tell the court they have participated in ADR with a neutral third party. ...
Rules of the Supreme Court of the State of New Hampshire: Rule 12-A Mediation
Supreme Court of New Hampshire. Jan. 1, 2019Resource Type: Rules - Court
Abstract: These are the rules for the Supreme Court of the State of New Hampshire. Rule 12-A. outlines the court's rules regarding Mediation. Cases pending at the supreme court may be referred to the office of mediation and arbitration for mediation. All media...
New Hampshire Probate Administrative Order 11: Probate Mediation Policies
David D. King. Effective September 19, 2002; Revised September 25, 2009Resource Type: Rules - Court
Abstract: This administrative order sets forth policies for probate mediation. These policies also set forth mediator requirements for mediators of the program. These requirements include completion of a 40-hour mediation process training; 5 years experience a...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Divorce Mediation in New Hampshire: A Voluntary Concept
Bautz, Barbara J., Hill, Rose M.. Mediation Quarterly, Jan. 1, 1989Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: This study examined the relationship between dispute resolution process and outcomes regarding child custody and child support, the impact of mediation on post-divorce relationships, and satisfaction with the divorce agreement. To examine these, a qu...
Contacts
New Hampshire Family Mediator Certification Board
Oct. 1, 2015Resource Type: Organization
Abstract: The board was created in 1990 to develop ethical and professional standards for family mediators in the state. The board certifies mediators and handles complaints of misconduct. The board's website features a list of certified mediators, information...
New Hampshire Office of Mediation and Arbitration
New Hampshire Judicial Branch.Resource Type: Organization
Abstract: The New Hampshire Office of Mediation and Arbitration was established on July 1, 2007 and serves as a guide for the development of alternative dispute resolution (ADR) programs throughout the state, 'promotes ADR solutions, serves as an ADR resource ...