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
Statewide Court ADR Rules and 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 491:7-a - Business and Commercial Dispute Docket
New Hampshire General Court. 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...
New Hampshire Statutes Title II, Ch. 490-E - Office of Mediation and Arbitration
New Hampshire General Court. July 1, 2007; amended July 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 Revised Statute 461-A:17: Special Fund Established
New Hampshire General Court. 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 Revised Statute 461-A:7: Mediation of Cases Involving Children
New Hampshire General Court . Oct. 1, 2005Resource 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 Chapter 328-C - Family Mediators
New Hampshire General Court. Jan. 1, 1970Resource 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...
Rules
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...
Superior Court of New Hampshire Rule 33: Arbitration by Agreement
Superior Court of New Hampshire. Jan. 1, 2019Resource Type: Rules - Court
Abstract: This rule allows all non-criminal and non-marital cases to be assigned to arbitration upon agreement of the parties. Hearings will be held by three-arbitrator panels and both parties are required to attend. The rule outlines the hearing process and c...
Rules of the Family Division of the State of New Hampshire Rules 2.13-2.14
Family Division of the State of New Hampshire. Jan. 1, 2010Resource Type: Rules - Court
Abstract: Under these rules, divorce and legal separation actions, as well as parenting petition cases, shall be ordered to go through mediation. Parties may stipulate for private mediators if they so desire. The rules outline requirements for scheduling, atte...
New Hampshire Judicial Branch Office of Mediation and Arbitration - Procedural Rules for Appellate Mediation
Supreme Court of New Hampshire. Jan. 1, 2010Resource Type: Rules - Court
Abstract: These rules govern the New Hampshire Supreme Court Appellate Mediation Program. The program is open to civil appeals cases and retired full-time judges will serve as mediators. The rules address issues of confidentiatily, attendance and sanctions, am...
New Hampshire Supreme Court Procedural Rule 12-A - Mediation
Supreme Court of New Hampshire. Apr. 30, 2009Resource Type: Rules - Court
Abstract: This rule states that "cases pending at the Supreme Court may be referred to the Office of Mediation and Arbitration (OMA) for mediation" and that mediation will be conducted by retired full-time judges. The rule addresses issues of cost and confiden...
Superior Court of the State of New Hampshire Rule 34: Judge-Conducted Intensive Mediation of Certain Cases
Superior Court of New Hampshire . July 1, 2008; current as of November 11, 2011Resource Type: Rules - Court
Abstract: Under this rule, upon agreement of the parties, a judge may assign a complex case for intensive mediation. A case is considered "complex" if it could reasonably be expected to last longer than five trial days or result in an award of over $250,000. T...
New Hampshire District Courts Rules: Rule 4.12 Mediation and Agreements
Supreme Court of New Hampshire. July 1, 2008; amended January 1, 2010Resource Type: Rules - Court
Abstract: These are the rules of the Circuit Court of New Hampshire - District Division regarding small claims cases. Rule 4.12 addresses mediation and agreements. In New Hampshire, mediation is voluntary in small claims cases if the claim is $5,000 or less. H...
State of New Hampshire Probate Court Administrative Order 11 - Probate Mediation Policies
New Hampshire Judicial Branch. September 19, 2002; revised September 25, 2009Resource Type: Order
Abstract: This order outlines mediation policies for the Probate Court of New Hampshire. The order addresses issues of attendance, confidentiality, impartiality, good faith and mediator certification, among other topics. ...
Rules of the Superior Court of the State of New Hampshire: Alternative Dispute Resolution
January 1, 1987; revised August 1, 2009Resource Type: Rules - Court
Abstract: This rule provides for the use of ADR for the resolution of civil cases. The parties are to select between early neutral evaluation, mediation, binding arbitration, or other stipulated method. The rule presents the qualifications required to be an ap...
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 ...