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Civil Mediation – Circuit Court

Requesting Mediation 

You can request mediation on the case structuring form. You can also request mediation at the structuring conference. If referred to mediation, the court will appoint the mediator and schedule the mediation. You will receive notice of the date and time of mediation. 

Cost of Mediation

Mediation is free. Mediators are compensated through the Office of Mediation and Arbitration.

Preparing for Mediation

Fill out the mediation prep sheet (under Forms below) to help you think through what will be discussed during mediation. The form is for your eyes only. 

Mediation Process

Mediation can take between thirty (30) minutes to two (2) hours. The mediation starts with the mediator explaining the process and the ground rules for participation. You can find the ground rules in the Mediation Participation Agreement. The mediator will then lead you and the other party through a discussion. The mediator may choose to speak with you (and your attorney) alone, or with the other party (and their attorney) alone. If you and the other party come to an agreement on a topic, the mediator will keep track of the agreement that was reached. You may come to an agreement on all issues, on some of the issues, or not agree. 

Outcomes

At the conclusion of your mediation session, the following may occur: 

  1. Mediation continues: You, the other party, and the mediator all agree that continuing mediation would be helpful. You, the other party, and the mediator schedule a follow-up session. 
  2. Full Agreement: You and the other party have come to an agreement on all the issues. The mediator will draft the written agreement and send it to you and the other party to review. If the agreement is satisfactory, you must sign the agreement and file it with the court. The mediator may, if they choose to, help you file the agreement, but it is your responsibility to send a signed copy of the agreement to the court. Once signed, the agreement will be presented to a judge. If the judge approves it, the agreement will become a court order. 
  3. Partial Agreement: You and the other party have come to an agreement on some of the issues but continuing mediation would not be helpful. The mediator will draft a written agreement for those issues you came to an agreement on, and send it to you and the other party to review. If the agreement is satisfactory, you must sign the agreement and file it with the court. The mediator may, if they choose to, help you file the agreement, but it is your responsibility to send a signed copy of the agreement to the court. The court will then schedule the next event and you will receive a notice. 
  4. No agreement: The mediator will notify the court that you and the other party did not reach an agreement and the court will schedule the next event. You will receive a notice. 

Laws, Rules, and Procedures

Forms

Questions?

General civil court case questions: 1-855-212-1234
Mediation questions: mediation@courts.state.nh.us

Let us know how mediation worked for you: www.surveymonkey.com/r/NHMediation