RSA 542:11 · Arbitration of Domestic Relations Cases

542:11 Arbitration of Domestic Relations Cases. –

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I.

The parties to any contested issues in a domestic relations case in superior court may file a stipulation prior to trial in which the parties and their attorneys, if any, agree to submit the case to arbitration. Upon the approval of the court, said stipulation shall be considered an agreement in writing to submit to arbitration within the scope of RSA 542:1. Filing of the stipulation shall stay the trial of the suit until arbitration has been had in accordance with the terms of the stipulation.

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II.

The parties shall select an arbitrator who shall be an attorney licensed to practice law in the state of New Hampshire. The stipulation to submit to arbitration shall include the name of the arbitrator.

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III.

The parties shall be solely responsible for all fees and costs of arbitration.

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IV.

The stipulation to submit to arbitration shall include all outstanding issues which have not been resolved by prior court order or court approved stipulation.

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V.

The arbitrators shall issue written findings on all issues of law and fact.

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VI.

The arbitrator's decision and findings shall be submitted to the superior court and shall have the same effect as the report of a marital master.

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VII.

RSA 542:1, relative to validity of arbitration agreements, shall apply to this section when such agreements have been approved by the superior court.

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VIII.

The following provisions shall apply to arbitration under this section:

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(a)

RSA 542:2, relative to stay of proceedings brought in violation of arbitration agreements.

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(b)

RSA 542:3, relative to remedy in case of default; jurisdiction; proceedings.

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(c)

RSA 542:6, relative to depositions.

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IX.

RSA 542:5, relative to witnesses, and RSA 542:7, relative to awards, shall apply to this section, except that there shall be only one arbitrator appointed.

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X.

Any arbitration under this section may be terminated by the written agreement of all parties or at the written request of the arbitrator, in which case the matter shall be returned to the superior court.

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XI.

Unless inconsistent with this section, all provisions of law relative to domestic relations shall apply to a proceeding under this section.

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XII.

Nothing in this section shall restrict the court from enforcing existing orders, or granting and enforcing emergency orders. Source. 1991, 88:1, eff. May 13, 1991.

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