If you have a civil case in Superior Court, you and the other parties in the case must attend an alternative dispute resolution process unless the court says otherwise, as required by Superior Court Rule 32. You and the other parties in the case must agree on whom you would like to serve as your ADR provider and complete the Case Structuring Order.
Available ADR Processes
Mediation: You and the other side meet with a neutral, highly qualified professional called a mediator. The mediator helps you discuss issues and work out a solution in a confidential setting.
Arbitration: You and the other party will present your evidence in front of a neutral arbitrator. The arbitrator will then announce a decision. You may request arbitration before filing a lawsuit in accordance with Superior Court Rule 33. To do so, submit a written request for arbitration to the Office of Mediation and Arbitration. A list of court-approved arbitrators is available here.
Business Court Mediation: To be transferred to the business docket, at least one party must be a business entity, no party is a consumer, and the amount in controversy must exceed $50,000. A longer list of eligibility criteria can be found in RSA 491:7. Once your case has been transferred to Business Court, you may choose a mediator from the Business Court Mediation Roster.
Complex Civil Judge-Conducted Intensive Mediation: If you have a case where the amount in controversy realistically exceeds $250,000, may request judge-conducted intensive mediation to fulfill your Rule 32 ADR requirement. The Court will manage it in accordance with Superior Court Rule 34.
Completing Your ADR Process
The Court will review your Case Structuring Order. If approved, contact the ADR Provider and the other parties in your case and schedule the ADR event. When ADR is completed, the plaintiff must complete the ADR Report and submit it to the court.
Let us know how mediation worked for you: www.surveymonkey.com/r/NHMediation
Selecting Your ADR Provider
- The list of court-approved ADR providers is below.
- The ADR providers are tagged with (1) whether they would mediate remotely (2) whether they offer paid or volunteer services AND (3) what counties they would be willing to travel to in order to mediate in person.
- By clicking a tag, you can filter the list through that tag. For example, by clicking “volunteer”, only mediators that offer volunteer services will show up.
- Contact the ADR providers that fit your requirements to determine what ADR processes they offer, what potential conflicts of interest there may be, and what the payment arrangement will be for your particular case.
- Confer with the other parties and agree upon an ADR Provider and two alternates.
- Fill out and file the Case Structuring Order.