2jan02...2008h

4/18/02 3550s

2002 SESSION

01-0919

05/10

HOUSE BILL 706

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill requires, with certain exceptions, mediation of superior court cases involving children. Mediators are certified under RSA 328-C and if the parties are indigent, the mediators are paid from the special fund currently used for guardian ad litem services.

This bill adds voice writers to the definition of "shorthand reporting" for the purposes of being certified as a certified shorthand reporter. This bill also changes the governing organization from the National Shorthand Reporters Association to the National Court Reporters Association.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2jan02...2008h

4/18/02 3550s

01-0919

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

182:1 Mediation of Cases Involving Children. RSA 458:15-a is repealed and reenacted to read as follows:

458:15-a Mediation of Cases Involving Children.

I. The general purpose of this section is to:

(a) Manage conflict and decrease acrimony between parties in a dispute over custodial issues involving minor children.

(b) To promote the best interest of children.

(c) Improve the parties' satisfaction with the outcome of child custody disputes.

(d) Increase the parties' participation in making decisions for themselves and their children.

(e) Increase compliance with court orders.

(f) Reduce the number and frequency of cases returning to court.

(g) Improve court efficiency.

II. In this section:

(a) "Mediation" means a process in which a neutral third party facilitates settlement discussions between parties. Any settlement is entirely voluntary. In the absence of settlement, the parties lose none of their rights to a resolution of their dispute through litigation.

(b) "Mediator" means a marital mediator, certified pursuant to RSA 328-C, who has contracted with the court to participate in court-referred mediation under this section. The mediator has no authority to make a decision or impose a settlement upon the parties. The mediator attempts to focus the attention of the parties upon their needs and interests rather than upon their positions.

III. In all superior court cases filed on or after July 1, 2003, involving disputed legal or physical custody of children, physical custodial rights, or grandparents' visitation rights, including requests for modification of prior orders, the court may order the parties to participate in mediation. If the parties are ordered to participate in mediation under this section, all issues relevant to their case, including but not limited to property settlement, alimony, and child support, shall also be mediated unless the court orders otherwise.

IV. The court may choose not to order mediation if there is:

(a) A showing of undue hardship to a party.

(b) An agreement between the parties for alternate dispute resolution procedures.

(c) An allegation of abuse or neglect of the minor child.

(d) A finding of alcoholism, drug abuse, or domestic abuse as defined in RSA 173-B:1 unless all parties agree to mediation.

(e) An allegation of serious psychological or emotional abuse.

(f) Lack of an available, suitable mediator within a reasonable time period.

V. The court shall not order the mediation unless all parties consent.

VI. Either party may move to have the mediator replaced for good cause.

VII. Mediation proceedings shall be held in private, and all communications, oral or written, made during the proceedings, which relate to the issues being mediated, whether made by the mediator, or a party, or any other person present, shall be privileged and confidential and shall not be disclosed and shall not be admissible in court, except as provided in RSA 328-C:9.

VIII. Any mediated agreement reached by the parties on all or some of the disputed issues shall be reduced to writing, signed by each party, and filed with the court as soon as practicable.

IX. The parties shall participate at mediation in good faith. If the mediator determines that mediation is not helpful in resolving the dispute, the mediator shall report that fact to the court and return the matter to the court for adjudication of the underlying issues.

X. In the event both parties are indigent, the mediator shall be paid a set fee for his or her services. The amount of the fee shall be set annually by supreme court rule. The court may order each party to pay a proportional amount of said fee. The fee shall be paid from the special fund established pursuant to RSA 458:17-b and repaid by the parties in accordance with RSA 458:17-e.

XI. The supreme court shall establish rules and take such action as necessary to effectuate the purpose of this section.

182:2 Annulment, Divorce and Separation; Special Fund Established; Funds Used for Mediators. Amend RSA 458:17-b to read as follows:

458:17-b Special Fund Established. The supreme court shall establish a separate fund in which to deposit a percentage of the entry fee paid to each clerk of superior court in each libel and petition in marital cases for the compensation of mediators, appointed pursuant to RSA 458:15-a, and guardians ad litem, appointed pursuant to RSA 458:17-a, when the parents are indigent. The supreme court shall determine by rule the percentage amount of the entry fee for each libel and petition to be deposited into the fund, but at no time shall the percentage amount exceed 50 percent of the entry fee for each libel and petition. Payments for services provided shall be paid by the judicial council.

182:3 Annulment, Divorce and Separation; Repayment of Mediation Services. Amend RSA 458:17-e, I and II to read as follows:

I. In any case where a mediator has been appointed pursuant to RSA 458:15-a or a guardian ad litem has been appointed pursuant to RSA 458:17-a and the responsible party's proportional share of the [guardian ad litem] expense is ordered to be paid by the judicial council from the [guardian ad litem] special fund established pursuant to RSA 458:17-b, the party shall be ordered by the court to repay the state through the unit of cost containment, office of administrative services, the fees and expenses paid on the party's behalf as the court may order consistent with the party's ability to pay, such ability to be determined by the unit of cost containment.

II. The court's order of appointment of a mediator or a guardian ad litem under the provisions of paragraph I shall indicate the initial proportional share or shares of [guardian ad litem] fees and expenses and shall contain an order that the party or parties communicate with the unit of cost containment so that it may determine the obligor's ability to reimburse the state and establish the terms and conditions of reimbursement. A copy of each order shall be sent to the unit of cost containment, office of the commissioner of administrative services, at the time it is made. Any party subject to an order under this section may petition the court having jurisdiction over the case for relief of the obligation imposed by this section, which shall be granted only upon a finding that the party is unable to comply with the terms of the court's order or any modification of the order by the court or the terms of reimbursement established by the unit of cost containment. In any such appeal the burden of persuasion shall be upon the party to show why the determinations of the unit of cost containment should not be enforced.

182:4 Definition. Amend RSA 331-B:2, I to read as follows:

I. "Shorthand reporting" means the making by means of written symbols or abbreviations in shorthand, voice writing, or machine writing a verbatim record of the spoken word.

182:5 Certification and Examination. Amend RSA 331-B:3 to read as follows:

331-B:3 Certification and Examinations. The chief justice shall issue a certificate to each applicant who successfully passes the examination given by the National [Shorthand] Court Reporters Association or the National Verbatim Reporters Association or who is eligible for a certificate under the renewal or reciprocity provisions of this chapter. The chief justice shall conduct the examinations semiannually at such times and places as he may designate. Applicants shall be sent 30 days written notice of the time and place of the examination.

182:6 Applicants from Other States. Amend RSA 331-B:6 to read as follows:

331-B:6 Applicants from Other States. The chief justice may certify any applicant who is certified in any other state or in the District of Columbia, provided the other state's licensing requirements are substantially equivalent to or higher than those of this state. The chief justice may certify any applicant who has received the National [Shorthand] Court Reporters Association's or the National Verbatim Reporters Association's certificate of proficiency.

182:7 Effective Date.

I. Sections 4-6 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect July 1, 2003.

(Approved: May 15, 2002)

(Effective Date: I. Sections 4-6 of this act shall take effect July 14, 2002.