In this section, you will find information on:
The New Hampshire Court system offers several Alternative Dispute Resolution (ADR) programs. These programs can save time and money for both parties instead of going through the judicial process. These programs are less formal and provide the parties an opportunity to decide on an outcome together that they are both satisfied with.
Source: NH Judicial Branch
If you would like to become a mediator, please visit the website below. There you will find out what training programs you will need to take, forms you need to find out, and the cost to become a mediator.
Domestic disputes are often painful. The fights affect you mentally and even physically. Mediation comes into play when there is a domestic dispute that the court should not handle. There are matters that are too sensitive that families do not want the court to decide on because it could lead to bitterness and resentment between the two parties. Sometimes it is best to be able to talk calmly to your partner and have a third party be a referee. A mediator helps resolve issues in the present and future and can even help strengthen your relationship with your partner because the agreement that is made during mediation is something that both you and your partner created, not a judge. It's an agreement that you're both happy with. Both parties learn to give a little in order to get an outcome that both feel as a win-win situation. Mediation reduces stress, increases communication skills, and saves a lot more money than going in front of a judge. Mediation is a quick process that could take from 30 minutes to three days versus going through the judicial process which could take from one month to even six months.
The mediation program is an informal process. The mediator never says who is right or wrong. The mediator never chooses the side. The mediator is there to help you communicate with your partner better and to calm both parties down when communications begin to escalate and turn into hostility. The mediator creates a problem solving atmosphere and lessens the temptation to engage in unproductive behavior, such as snippy remarks, sarcasm, and bringing up subjects out of the scope of the problem trying to be solved. The mediator's purpose it to help each side better understand each other and the situation. The best part of mediation is that the mediator cannot repeat anything that is said during mediation. If the parties are unable to come to an agreement, whatever was said during mediation cannot be repeated during court unless it was one of the subjects that a mediator has a duty to report, such as child abuse. There is no harm in mediation. Mediation is just an opportunity for each party to still have some say and control in the outcome of their present and future lives instead of having a court decide what is right or wrong for the parties.
Source: NH Judicial Branch
Marital Neutral Evaluation is a program offered by the the Superios Court and the Family Division. Neutral Evaluators are trained, experienced attorneys who are approved by the Chief Justice of the Superior Court and the Supervisor Justices of the Family Division. The Neutral Evaluators colunteer their services at no cost to the divorcing couples seeking to resolve disputed issues. The Neutral Evaluator will listen to each party's view of the problematic issues in the case and will attempt to help the parties talk about the issues in a reasonable and constructive manner.
The conversations that occur during a Neutral Evaluation are confidential and cannot be held against either party if the cases go to trial. Some or all of the issues may be settled during the Neutral Case Evaluation session. The Neutral Evaluator may explain to the parties what in his/her estimate is the likely outcome of the unresolved issues given the strengths and weakness of each case. The Neutral Evaluators determination can be accepted or rejected by the parties.
The difference between a mediator and a Neutral Evaluator is that a mediator handles other cases such as small claims cases or child support cases. The Neutral Evaluator strictly handles divorce cases. The Neutral Evaluator is also an attorney whereas a mediator can be any New Hampshire resident who has been certified as a mediator.
For more information see, Superior Court Administrative Order 23.
Source: NH Judicial Branch
The Family Division offers free mediation in adoption cases where the Division of Health and Human Services is involved. The purpose of this mediation is to establish a permanent home for children who are in the custody or guardianship of DHHS. This voluntary mediation helps birth parents and potential adoptive parents enter into an agreement for ongoing communication or contact that is in the best interests of the child, that recognizes the parties' interests and desires for ongoing communication or contact, that is appropriate given the role of the parties in the child's life, and that is legally enforceable by the courts.
The mediators involved in adoption mediation are certified through the Probate Division based on their training and mediation experience. For a list of these mediators, see Probate Division Mediators.
Source: New Hampshire Judicial Branch