SB170: establishing an office of mediation and arbitration within the judicial branch.

CHAPTER 344

SB 170-FN – FINAL VERSION

03/08/07 0328s

31May2007… 1514h

06/27/07 2273CofC

2007 SESSION

07-0262

09/01

SENATE BILL 170-FN

AN ACT establishing an office of mediation and arbitration within the judicial branch.

SPONSORS: Sen. Gottesman, Dist 12; Sen. Foster, Dist 13; Sen. Reynolds, Dist 2; Sen. Hassan, Dist 23; Rep. Harvey, Hills 21; Rep. Rowe, Hills 6; Rep. Wall, Straf 7

COMMITTEE: Judiciary

ANALYSIS

This bill establishes an office of mediation and arbitration within the judicial branch. The bill combines the probate court mediation fund and the court mediation fund into a mediation and arbitration fund.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/08/07 0328s

31May2007… 1514h

06/27/07 2273CofC

07-0262

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT establishing an office of mediation and arbitration within the judicial branch.

Be it Enacted by the Senate and House of Representatives in General Court convened:

344:1 Purpose. The purpose of this act is to authorize the judicial branch to develop and institute dispute resolution processes which will increase citizen satisfaction with the legal system; provide affordable justice; reduce protracted and repetitive litigation; empower participants to make decisions affecting their future; and enhance court efficiency.

344:2 New Chapter; Office of Mediation and Arbitration. Amend RSA by inserting after chapter 490-D the following new chapter:

CHAPTER 490-E

OFFICE OF MEDIATION AND ARBITRATION

490-E:1 Office Established. There is hereby established within the judicial branch an office of mediation and arbitration.

490-E:2 Duties. 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; and

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

490-E:3 Administration. The office of mediation and arbitration shall be administered by the judicial branch administrative council.

490-E:4 Mediation and Arbitration Fund.

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 490:27, II and RSA 503:4, II.

(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.

490-E:5 Immunity from Civil Liability No mediator, arbitrator, or other neutral party involved in dispute resolution 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.

344:3 Probate Court Mediation Fund. Amend RSA 490:27, II to read as follows:

II.[(a) There is established in the office of the state treasurer a separate fund to be known as the probate court mediation fund.] The sum of $5 shall be added to each entry fee collected in the probate courts and shall be deposited in the mediation and arbitration fund [for paid mediation in the probate courts or, when funds are available, for paid mediation in family division cases related to: minor guardianships pursuant to RSA 463; the adoption of minors pursuant to RSA 170-B; the termination of parental rights pursuant to RSA 170-C; or abuse and neglect cases pursuant to RSA 169-C. Costs of probate court mediators may be paid from this fund, provided that:

(1) Participation in the mediation sessions is not mandated by the court; and

(2) Mediation reports shall not be released to any judge or other officer of the court who may later decide or rule on the case without the written consent of all parties participating in the mediation.

(b) Moneys in the fund shall be nonlapsing and continually appropriated to the probate court and used to pay probate court mediators subject to the conditions under subparagraph (a) and as recommended and approved by the administrative justice of the probate court] established under RSA 490-E:4.

344:4 Court Mediation Fund. Amend RSA 503:4, II to read as follows:

II.[(a) There is established in the office of the state treasurer a separate fund to be known as the court mediation fund.] The sum of $5 shall be added to each entry fee collected in the district courts for small claims actions and shall be deposited in the [court] mediation and arbitration fund established under RSA 490-E:4. [Costs of the mediation program in the district courts shall be paid from this fund, provided, that:

(1) Participation in the mediation sessions is not mandated by the court; and

(2) Mediation reports shall not be released to any judge or other officer of the court who may later decide or rule on the case without the written consent of all parties participating in the mediation.

(b) Moneys in the fund shall be nonlapsing and continually appropriated to the court and used to pay costs of the mediation program in the district courts.]

344:5 Funding for Alternative Dispute Resolution. Any amounts appropriated to PAU 02-01-01-01, classes 50, 60, and 92 in the state operating budget for fiscal years 2008 and 2009 for salary and benefits for the part-time alternative dispute resolution coordinator and for alternative dispute resolution, shall be transferred by the department of administrative services to the mediation and arbitration fund, established under RSA 490-E:4, pursuant to section 2 of this act.

344:6 Transfer of Balances. Balances in the probate court mediation fund, established under RSA 490:27, and the court mediation fund, established under RSA 503:4, shall be transferred to the mediation and arbitration fund, established under RSA 490-E:4, pursuant to section 2 of this act, effective July 1, 2007.

344:7 New Subparagraph; Special Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (252) the following new subparagraph:

(253) Moneys deposited in the mediation and arbitration fund, established under RSA 490-E:4.

344:8 Repeal. The following are repealed:

I. RSA 6:12, I(b)(210), relative to moneys deposited in the probate court mediation fund.

II. RSA 6:12, I(b)(238), relative to moneys deposited in the court mediation fund.

344:9 Effective Date. This act shall take effect July 1, 2007.

Approved: July 16, 2007

Effective: July 1, 2007