Chapter 490-E: Office of Mediation and Arbitration

There is hereby established within the judicial branch an office of mediation and arbitration.

The office of mediation and arbitration shall:

I. Guide the development of alternative dispute resolution programs;

II. Promote alternative dispute resolution solutions;

III. Serve as an alternative dispute resolution resource to courts;

IV. Support the administration of alternative dispute resolution programs in all courts; and

V. Facilitate voluntary pre-suit mediation or arbitration services, in accordance with rules adopted by the supreme court, as an option in cases which would otherwise be filed in the trial courts.

The office of mediation and arbitration shall be administered by the judicial branch administrative council.

I. There is hereby established in the state treasury a separate fund to be known as the mediation and arbitration fund, which shall be used to help fund paid mediation and arbitration in the judicial branch and support the operation of the office of mediation and arbitration. The fund shall consist of:

(a) All moneys collected pursuant to RSA 461-A:7, X, RSA 490:27, II, RSA 490-D:12, III, RSA 503:4, II, and RSA 502-A:28, III.

(b) Any moneys appropriated to the fund by the general court.

(c) Any moneys collected by the office of mediation and arbitration from fees, grants, and other contributions, gifts, bequests, and donations.

II. Moneys in the mediation and arbitration fund shall be nonlapsing and continually appropriated to the office of mediation and arbitration for costs of mediation and arbitration programs.

No mediator, arbitrator, or other neutral party involved in dispute resolution under contract with the New Hampshire judicial branch or qualified intern acting under the direct supervision of a supervisor under contract with the New Hampshire judicial branch shall be held liable for civil damages for any aspect of judicial branch dispute resolution processes, unless such person acted willfully.

I. The office of mediation and arbitration may establish a quality assurance program to support the administration of alternative dispute resolution programs in all courts. The program may include, but is not limited to:

(a) Investigating and resolving complaints about alternative dispute resolution programs in all courts, including services or assistance provided by the office or a neutral party approved by the judicial branch; and

(b) Monitoring and evaluating the appropriateness of alternative dispute resolution services provided by the office or a neutral party approved by the judicial branch so that problems or trends in the delivery of services are identified and steps to correct problems can be taken.

II. The office of mediation and arbitration may request information about an alternative dispute resolution program in the courts. Any information received by the office may be shared only within the judicial branch and such information shall otherwise be confidential and privileged as provided by law, rule, or order.

III. Records of the office's quality assurance program, including records of interviews, internal reviews or investigations, reports, statements, minutes, and other documentation, shall be confidential and shall be protected from direct or indirect discovery, subpoena, or admission into evidence in any judicial or administrative proceeding.

IV. No person who provides information as part of the quality assurance program shall be held liable in any action for damages or other relief arising from such provision of information.