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Landlord Tenant

Eligibility

Your dispute can be mediated through the eviction diversion program any time before the landlord-tenant writ is issued. If an eviction notice or a demand for rent has been issued, you may wish to request mediation as soon as possible. 

Requesting Mediation

Contact the Office of Mediation and Arbitration

We will ask you a few questions, then we will contact the other parties involved to see if they want to mediate. Once we have consent from the parties involved, we will connect you to a mediator. 

Cost of Mediation

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

Preparing for Mediation

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

If back rent is part of your case, you may qualify for New Hampshire’s Emergency Rental Assistance Program. The mediator can help you and the other party come with a plan for applying.

The Mediation Process

Once mediation has been scheduled, the mediator will either send a video link or a conference call number. 

At the scheduled time, 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 ask you and the other party to share your views and describe what you would like to have happen. If you want, you can use this opportunity to discuss applying for rental assistance. The mediator will then explore ways to resolve the matter that are acceptable to both parties. If an agreement is reached, it will be put in writing.

Outcomes

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

  • 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 with a deadline by which the agreement must be signed. 
  • No agreement: You, another participant, or the mediator may decide that mediation is no longer helpful and decide to end the mediation. If this occurs, you may choose to pursue your legal remedies.   

Forms

Laws, Rules, Procedures

Questions?

Tenant questions: see New Hampshire Legal Aid’s website
Landlord questions, see New Hampshire Department of Justice’s website 
Rental Assistance: Call 2-1-1 or visit capnh.org
DOJ website

General landlord-tenant questions: 1-855-212-1234
Mediation questions: evictiondiversion@courts.state.nh.us

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

Eligible Cases for Mediation

Your case is eligible for mediation only if it is filed in Concord, Manchester, or Nashua Circuit Courts.

Requesting Mediation

In Concord, your case will be automatically scheduled for mediation if the tenant files an appearance. You will receive a Notice of Mediation with the date and time of mediation and how to attend. If you do not want to go to mediation, you can complete a landlord-tenant mediation opt-out form, file it in court, and serve a copy on the other party.

In Manchester and Nashua, you will be given the opportunity to agree to go to mediation on the day of your hearing on the merits. Mediation, rental assistance, and legal assistance will be available at court for you and the other party to consult with before seeing a judge for a hearing on the merits. When the court clerk calls your case, please let the court clerk know what services you are interested in. 

Cost of Mediation

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

Preparing for Mediation

Fill out this mediation prep sheet to help you think through what will be discussed during mediation. The form is for your eyes only.

If rent is part of your case, see if you qualify for New Hampshire’s Emergency Rental Assistance Program. The mediator can help you and the other party come with a plan for applying.

The Mediation Process

For Concord, call into the private confidential conference line at the date and time on your Notice of Mediation. The mediation can take between thirty (30) minutes to two (2) hours.

For Manchester and Nashua, the court clerk will call your case and ask if you are interested in mediation. If both parties agree, the case will be referred to a mediator in the courtroom.

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 ask you and the other party to share your views and describe what you would like to have happen. If you want, you can use this opportunity to discuss applying for rental assistance. The mediator will then explore ways to resolve the matter that are acceptable to both parties. If an agreement is reached, it will be put in writing.

Outcomes

At the conclusion of your mediation session you will either reach Full Agreement or No Agreement.

  • 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 with a deadline by which the signed agreement must be filed.
    • If your case was filed in Concord: 
      • The mediator will tell you that you DO NOT have to have to attend the hearing on the merits (trial). 
      • 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. If you do not send the agreement in the case will be rescheduled for trial.
      • Once signed, the agreement will be presented to a judge. If the judge approves it, the agreement will become a court order. 
    • If your case was filed in Manchester or Nashua:
      • The mediator will finalize paperwork with you. Afterwards, the mediator will direct you back to the courtroom to talk to the court clerk. 
      • The judge may review the agreement with the parties. Please do not leave until you are dismissed from the court. 
  • No agreement:  Agreement is not reached. 
    • If your case was filed in Concord: 
      • The mediator will confirm with you the date, time, and conference number of your hearing on the merits (trial). The mediator will notify the court that you and the other party did not reach an agreement. You MUST attend the hearing on the merits.
    • If your case was filed in Manchester or Nashua:
      • The mediator will finalize paperwork with you. Afterwards, the mediator will direct you back to the courtroom to talk to the court clerk.
      • You will then have the opportunity to present your case in front of the judge.

Forms

Laws, Rules, Procedures

Questions?

Tenant questions: see New Hampshire Legal Aid’s website
Landlord questions, see New Hampshire Department of Justice’s website 
Rental Assistance: Call 2-1-1 or visit capnh.org

General landlord-tenant 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