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NHJ B-2087-F (12/ 07/ 2006) Page 1 o f 2 THE ST A TE O F NEW H A M PSHIRE JUDI CI AL BR AN C H H AVE YOU CONSIDERED M EDI ATIO N? W HAT IS MEDI ATION ? Medi ati on is an informal pr ocess w her e t he parties tr y to r esol ve a d ispute w ithout th e h osti lity that i s some times associ ate d with g oing to cour t. I n medi ati on, th e p arties mee t in a pr ivate, co nfidenti al setti ng to w ork out a s olution to thei r pr oblem w ith the h elp of a neu tral thi rd p erson, the m edi ator . A medi ator does not deci de w ho i s right or w rong . T he medi ator does not for ce t he disputi ng par ties t o reach ag reem ent or to accept par ticul ar settl em en t ter m s. The me diator helps e ach si de t o bett er und er stan d th eir si tuati on. The me diator foster s a pr oblem- sol ving atm osph ere and l esse ns th e tem ptati on t o engage in un pr od ucti ve beh av ior . The medi ator ensur es that eac h o f th e p arties to t he disput e h as a n opp or tuni ty to be hear d an d und er stoo d. The me diator encour ag es the parties to cr eat e a s olution t hat me ets t hei r indi vidual nee ds. HOW DOE S ME DI ATION W ORK? Deal ing w ith domesti c disput es i s often pai nful. C our ts ar e often not in th e b est p osition to make deci sions abo ut fami ly mat ter s. M ediati on e ases th e di fficulty of th e cour t pr oc ess. It g ives par ties a chanc e to tal k together abo ut how to r esol ve t he matt er s i n a w ay that a ddr esses bo th pr es ent and futur e ne eds i n a ma nn er that is acce pta ble to ev er yone i nvolved. It can r educe s tress a nd uncer tai nty. W HAT ARE THE BEN EFITS OF MEDI ATIO N? At m edi ation y ou hav e a cha nce to pr esen t y our ideas i n an infor m al, pr ivate setti ng w ith the supp or t and adv ice o f your atto rney , if you h ave on e. It i s a ti me for you t o be he ar d a nd to l iste n to oth ers. In medi ation y ou hav e a be tter opportuni ty to contr ol the outc ome of your di spute. The medi ator is impar tial an d tr ained t o help you a nd the oth er party tal k ab out your nee ds and differ enc es so th at y ou can w ork thing s ou t to gether . Mediation may help y ou reac h ag ree m en ts th at w ill let y ou g et on w ith y our life a nd possibl y keep y ou out of co ur t in the fut ure. By di scussi ng your opti ons i n me diati on y ou may di scov er choi ces you di d no t kn ow you had. Medi ati on m ay hel p i mpr ov e com m unicati ons and per mi t the par ties to find better w ays to d eal w ith th is co nf lict . Costs associ ated w ith medi ati on m ay be l ower than thos e ex per ienc ed for pr olong ed litigation. W HEN IS ME DI ATION S CHE DULE D? Me diation w ill b e sch ed uled a s soo n af ter the First A ppearance a s po ssib le. Ho wever, if you w ould like to sch edul e medi ation so oner than th e Fi rst App ear ance, pl eas e cal l the c our t. Case Name: Case Number: HAVE YOU CONSIDERED MEDIATION? NHJB-2087-F (12/07/2006) Page 2 of 2 HOW DO I PREPARE FOR MEDIATION? Mediation deals not only with the legal issues but also deals with underlying relational issues that are important to you. If you have an attorney, it is important to discuss what your reasonable expectations for an outcome would be should your case go to court. You can, therefore, compare your options at mediation with what would be available through litigation. It is important to come to the mediation session with an open mind, ready to consider new options that may not have been raised previously. It is also important to be willing to share information with the other parties and to work together towards reaching an understanding that would be acceptable to each of you. WHO ARE THE MEDIATORS? The mediators are individuals who have been certified by the NH Marital Mediator Certification Board based on their training and mediation experience. The courts maintain a list of available mediators. WHAT HAPPENS DURING MEDIATION? At the start of a mediation session, the mediator will explain how mediation works and will answer your questions. The mediator will ask each of you to state your views, express your feelings, and describe what you would like to have happen in your case. The mediator will then help you explore ways to resolve the matter in a way that is acceptable to each of you. The mediator may ask to meet with you alone (and with your lawyer if you have one) so you can talk more comfortably. If you do have an attorney, you may take a break and talk to your attorney privately at any time. If an agreement is reached, it will be put in writing and signed by all parties. Later, the agreement will be presented to the judge who will review it and then issue a court order approving the agreement. If an agreement cannot be reached between the parties, or if one or more of the parties fails to follow through with the mediation session, the court will hear the case in a regular court hearing. Our experience is that even when a case is not resolved through mediation, often the parties have a better understanding of the underlying issues following a mediation session, and settlement may follow outside of the mediation session. WHO PAYS FOR MEDIATION? Mediation services are paid by the parties. However, if one or more of the parties is indigent, the GAL/Mediator fund will pay the mediator in the first instance. The indigent party or parties will be directed by the court to contact the Office of Cost Containment to set up a repayment plan. In some counties, there may be federal or state grant funds available to provide funding for mediation to low- income families. Ask your Court if this program is available in your area.