HB1419 (2006) Detail

(New Title) relative to mediation in divorce proceedings.


CHAPTER 147

HB 1419-FN – FINAL VERSION

15Feb2006… 0688h

04/20/06 1751s

2006 SESSION

06-2154

05/03

HOUSE BILL 1419-FN

AN ACT relative to mediation in divorce proceedings.

SPONSORS: Rep. Nowe, Rock 9; Rep. Marshall Quandt, Rock 13; Rep. Buxton, Rock 10; Rep. Dokmo, Hills 6

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill permits the court to order mediation in divorce proceedings if either party requests mediation or at the court’s discretion.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2006… 0688h

04/20/06 1751s

06-2154

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to mediation in divorce proceedings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

147:1 New Section; Annulment, Divorce, and Separation; Mediation. Amend RSA 458 by inserting after section 15-b the following new section:

458:15-c Mediation.

I. In this section:

(a) “Mediation” means a process in which a neutral third party facilitates settlement discussions between parties.

(b) “Mediator” means a marital mediator, certified pursuant to RSA 328-C, who has contracted with the court to participate in court-referred mediation under this section.

II. The court may order the parties to participate in mediation upon the request of either party or at the discretion of the court. If the parties are ordered to participate in mediation under this section, all issues relevant to their case, including but not limited to property settlement and alimony also shall be mediated unless the court orders otherwise. Mediation may not be ordered pursuant to this section if the case involves minor children and the parties are eligible for mediation under RSA 461-A:7.

III. Reasons the court may choose not to order mediation include, but are not limited to, the following:

(a) A showing of undue hardship to a party.

(b) An agreement between the parties for alternate dispute resolution procedures.

(c) A finding of alcoholism or drug abuse unless all parties agree to mediation.

(d) An allegation of serious psychological or emotional abuse.

(e) Lack of an available, suitable mediator within a reasonable time period.

IV. The court shall not order mediation if there is a finding of domestic violence as defined in RSA 173-B:1, unless all parties agree to mediation.

V. The mediator has no authority to make a decision or impose a settlement upon the parties. The mediator shall attempt to focus the attention of the parties upon their needs and interests rather than upon their positions. Any settlement is entirely voluntary. In the absence of settlement, the parties lose none of their rights to a resolution of their dispute through litigation.

VI. Either party may move to have the mediator replaced for good cause.

VII. Mediation proceedings shall be held in private, and all communications, oral or written, made during the proceedings, which relate to the issues being mediated, whether made by the mediator, or a party, or any other person present, shall be privileged and confidential and shall not be disclosed and shall not be admissible in court, except as provided in RSA 328-C:9.

VIII. Any mediated agreement reached by the parties on all or some of the disputed issues shall be reduced to writing, signed by each party, and filed with the court as soon as practicable.

IX. The parties shall participate at mediation in good faith. If the mediator determines that mediation is not helpful in resolving the dispute, the mediator shall report that fact to the court and return the matter to the court for adjudication of the underlying issues.

147:2 Effective Date. This act shall take effect January 1, 2007.

Approved: May 22, 2006

Effective: January 1, 2007