A. In divorce actions and legal separation actions in which there are minor children, and in parenting petition cases, parties shall be ordered to participate in mediation unless the Court finds that mediation would not be appropriate due to factor(s) listed in RSA 461-A:7.B. Participation in mediation may be ordered in new divorces and legal separations without minor children and in those divorce, legal separation, or parenting cases in which final orders have been issued if those cases return to court for further Court orders.C. If there is a finding of domestic violence as defined in RSA 173-B:1, and if the parties agree to mediate, all mediation sessions shall occur either at the courthouse or over a video conferencing platform, unless the court determines otherwise.D. The court shall be involved in scheduling the initial mediation session in each case. Thereafter, mediation will be scheduled through the parties and the mediator. Parties must cooperate with the mediator to establish the next mediation date at the end of each mediation session. The mediator may reschedule a mediation session up to two times, upon request of the parties, their counsel, or the mediator, before returning the case to court for further processing. The protocol for rescheduling is stated in Supreme Court Rule 48-B(6)(a).E. Attorneys may attend mediation sessions with their clients, provided the mediator is able to establish a balanced opportunity for both parties to participate in the mediation.F. Mediation will be ordered only with mediators certified pursuant to RSA 328-C who have contracted with the Judicial Branch. However, parties may arrange private mediation with a mediator of their choice, regardless of whether these mediators have contracts with the judicial branch.G. Payment of mediator fees shall be pursuant to Supreme Court Rule 48 -B.N.h. R. Cir. Ct. Fam. Div. 2.13
Amended September 26, 2024, effective 10/15/2024.