This is an official form from the New Hampshire Judicial Branch that is distributed to parties with Order of Notice, explaining mediation. It complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New Hampshire statutes and law.
New Hampshire Have you Considered Mediation?
State:
New Hampshire
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NH-NHJB-2087-F
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FAQ
A party who refuses to accept an invitation to mediate, without very good reason, does so at considerable risk and can expect sharp criticism and a costs penalty from the court, regardless of the eventual outcome of the case at trial.
If you don't respond or decline mediation without a good reason, you will usually have to explain why you declined mediation to the judge, if your case subsequently goes to court.
Are there times you should say No in mediation? Absolutely. The difficulty for most practitioners is that they say No to mediation, rather than saying No to a specific proposal made during a mediation.
Costs risk if you unreasonably refuse to mediate You should expect the court to impose costs sanctions if you ignore or unreasonably turn down an invitation to mediate or indeed if you fail to consider mediation at all.
You don't have to go to mediation, but if you end up having to go to court to sort out your differences, you normally need to prove you've been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you.
You don't have to go to mediation, but if you end up having to go to court to sort out your differences, you normally need to prove you've been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you.
If the court orders mediation and the other party refuses he or she can be held in contempt. That said, as my colleague points out, a settlement in mediation is voluntary and cannot be forced.
