N.H. Cir. Ct. Dist. Div. R. 4.12

(a) Mediation is voluntary in small claims cases if the claim is $5,000.00 or less. Mediation in these cases will be scheduled and may be held on the day of the pre-trial hearing and with the agreement of all parties to a case.

(b) Mediation is mandatory in small claims cases if the claim is more than $5,000.00. Mediation in these cases will be scheduled and may be held on the day of the pre-trial hearing. If the case is scheduled for mandatory mediation in accordance with RSA 503:1, whether at the pre-trial hearing or on another date, and a party fails to appear, judgment may be rendered in favor of the other party. If neither party appears for a mandatory mediation session, the case shall be dismissed.

(c) Agreements reached through mediation or otherwise must include a judgment amount. The parties to any agreement, whether mediated or by agreement of the parties without mediation, shall submit an acknowledgement that they understand that exempt income and assets may not be used in the enforcement of any judgment or agreement, and that failure to comply with the terms of the agreement may result in the matter being returned to the court's docket for a hearing as may be necessary.

(d) Any communication made during the mediation which relates to the controversy mediated, whether made to the mediator or a party, or to any other person present at the mediation is confidential. Information, evidence or the admission of any party shall not be disclosed or used in any subsequent proceeding.

(e) The Administrative Judge of the Circuit Court, in consultation with the ADR Coordinator, shall determine the mediation needs for each Circuit Court location. Assignment of mediators shall be based on the mediation needs of each court.