New Hampshire News
The Office of Mediation and Arbitration (OMA) Update
The Office of Mediation and Arbitration (OMA) was established on July 1, 2007 and oversees the following Judicial Branch programs:
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Family Division/Superior Court Family ADR
Provides mediators to assist the parties in reaching their own agreements on parenting and property distribution. This program is very successful and currently has 47 certified mediators on its roster who serve in courts all over the state. Probate Mediation
The 11 voluntary mediators on the roster for probate court have been extremely successful in settling difficult cases with complex legal and emotional issues. The program, with a current emphasis on charitable trust cases, continues to be a model for our own court annexed ADR programs and for other programs around the country.-
Voluntarily Mediated Adoptions (VMA's) and Minor Guardianships
The goal of VMA's and minor guardianship cases is to try to provide permanency for children who would otherwise be in limbo for some time. We have provided extensive training to the mediators participating in this program, along with extensive training and coordination with DCYF staff to ensure that all of the parties have a good experience. -
Neutral Case Evaluation (NCE) - Pilot Program
Working with case managers in the Lebanon and Concord family division, OMA has re-launched neutral case evaluation as an effective ADR tool in family cases. The program was developed with attorneys, judges and masters providing this service. The neutrals in this program volunteer and the service is provided to litigants at no cost. -
Superior Court Civil and Equity Case ADR
The "new" Rule 170 program was launched on January 1, 2008. Program changes include the type, location and timing of the ADR proceeding that are now decided by the parties/counsel in an effort to give more control to the system users and streamline the procedures for the superior courts. As of February 2008, the OMA had signed up more than 138 volunteer and paid neutrals to participate in the mandatory statewide program. District Court Small Claims Mediation
The OMA oversees small claims mediation in 30 of the 35 district courts throughout the state. This program provides mediation opportunities on a voluntary basis. The program helps provide docket relief for the district court in small claims, and anecdotal data suggests an 80% settlement rate to those parties who elect to bring their cases through voluntary mediation.
The OMA currently has proposed new programs in the following areas:
Appellate Mediation: This voluntary program, set to launch in September 2009, will provide mediation to parties who would like an opportunity to resolve their dispute before transcripts are ordered and before briefing occurs. The mediators in this program will consist of retired judges.
Foreclosure Mediation: The OMA is in the process of developing a pre- and post suit foreclosure program to provide a forum for New Hampshire homeowners and lenders to be able to renegotiate mortgages prior to foreclosure. There may be a real benefit in bringing stakeholders to the table to try to keep people in their homes in an affordable way and to prevent vacant homes from distorting property values and impacting the market.
Business Court Docket - Pre / Post-suit: The OMA has developed a program of pre-suit mediation and arbitration which will be coordinated with New Hampshire's new superior court business docket. This program is intended to provide the participants convenient access to dispute resolution proceedings which are held as alternatives to traditional in-court litigation.
The OMA is also working on the following Legislative Initiatives:
Voluntary Civil Writ Mediation in District Court (SB 106): This legislation would establish a voluntary mediation program for civil writs in district court and is modeled after the small claims mediation program.
Small Claims Mediation Expansion (HB 281): This is not a judicial branch bill, but the judicial branch and the OMA support the legislation. The bill increases the maximum amount of debt or damages for small claims actions and requires mediation for small claims actions exceeding $5,000.
Pre-Suit Mediation and Arbitration Options (SB 70): This bill would provide the OMA with the authority to launch and administer any program which involves pre-suit ADR such as the business court docket and the foreclosure program. It will allow us to expand our arbitration programs and to offer arbitration and mediation services to executive branch agencies as well as judicial branch programs.
Miscellaneous:
- The OMA has set up a listserve for the ADR professionals and anticipates a launch shortly.
- OMA's Director, Karen Borgstrom has been invited to participate in the American Bar Association Dispute Resolution Section's annual symposium. Her presentation will focus upon the success of the New Hampshire probate mediation program model.
- The OMA continues to make training for the professionals on its program rosters a high priority. The OMA has either facilitated or provided direct training in mediation, arbitration or neutral case evaluation to hundreds of participants in an effort to ensure that the users of its programs are assured qualified neutrals in the courts ADR programs.
We hope you feel that this summary has been informative and helpful.
Karen J. Borgstrom, Esq.
Director, Office of Mediation and Arbitration
Judicial Branch
Marital Mediator Certification Board Update
Both the NH House and Senate have passed legislation to change the name of the Board to the Family Mediator Certification Board and to increase the size of the Board to include two additional members nominated by NHCRA. Once the Governor signs the bill, the name change will take effect on January 1, 2010 and the membership change will take effect immediately.
As a service to its mediators, the Marital Mediator Certification Board recently started listing upcoming and past continuing education courses on its website: www.nh.gov/marital. Program providers and mediators may submit upcoming or past courses for approval and inclusion on this list by using the approval request form found on the website. As a reminder: for certification renewal, mediators need 24 hours of approved continuing education which includes 3 hours each in Mediator Ethics, Mediation Skills, Legal Update and Domestic Violence.
The Board is hard at work updating its Administrative Rules. When it finishes its initial work, the public will be given an opportunity to provide input on the proposed changes by submitting written comments to the Board or by attending the Public Comment Hearing. Notice of this hearing will be sent to all certified mediators and posted on the Board's website.