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Civil litigation

mediation

Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In New Hampshire, mediation is a recognized alternative dispute resolution process where parties to a dispute, along with their attorneys, engage with a neutral mediator to attempt to resolve their differences outside of court. The mediator facilitates communication and negotiation but does not impose a decision. In many civil cases, New Hampshire courts may order parties to participate in mediation before proceeding to trial. While participation in mediation is often mandatory, reaching a settlement is not; parties retain the right to proceed to trial if they cannot agree on a resolution. Importantly, communications during mediation are typically confidential and are not admissible as evidence in trial, encouraging open dialogue and promoting a candid exchange of information without fear of later repercussions in court.

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Civil litigation

mediation

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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New-Hampshire State Code

New-Hampshire State Code

Civil litigation

mediation

Articles