New Hampshire Divorce Mediation

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Legal matters like divorce are always complicated. In this age, it takes a lot of time to get a date in the court, file for a case, fight the case and then get the final judgment. All these can take multiple years to complete. There are many issues in a divorce that cannot be resolved in a short time in the court. A fast and effective option to all these is mediation. This is a collaborative method of dispute settlement. Both the separating parties try to resolve their conflicts through mutual discussion in front of a mediator. In most of the states in the USA, this practice is prevalent. The federal laws require every state to form their own divorce rules. Thus a family court of any state has the power to give orders for reconciliation conference. New Hampshire divorce mediation is aimed at making couples understand the need of taking decisions that have mutually-satisfying results. The basic concept behind this process is that a couple understands their problems in a better way than a third party, like the court. Thus the couple will always be in a better position to take decisions regarding their issues. To help them take unbiased decisions, a mediator is needed.

In New Hampshire, separating spouses have to go through some stages in a reconciliation session like: introduction, discussion of conflicts faced, development of options and the writing of agreement. The state law requires the partners to attend a number of sessions so that they can analyze the issues correctly and reach to a settlement that will benefit both. After the filing of the case, the court shall immediately order the couples to attend a 4 hour counseling session where the couple would discuss parental rights and duties and how to help or educate children regarding dealing with the divorce issues.

Duration of New Hampshire Divorce Mediation

The number of sessions required for mediation varies as per the following factors:

  • Willingness of the divorcing couple for this procedure
  • Commitment of the parties to this process
  • Level of conflict between the parties and how much the parties trust each other
  • Status of legal proceedings
  • Complexity of the issues to be discussed
  • Requirement to create a more level playing field by empowering one or both parties

It is practically impossible to guess how long the mediation would continue. However, the average time is between 4 to 12 hours. Lesser the number of issues, lesser is the time required.

When New Hampshire Divorce Mediation is not advisable?

  • In the presence of ongoing or current domestic violence
  • When one or both parties cannot take part in the negotiation process with full consciousness due to:
    • Psychological disorder like severe depression
    • Concurrent substance abuse
    • Limited intellectual abilities

Marital Mediator Certification Board

After many years of efforts by the New Hampshire Conflict Resolution Associations, the New Hampshire Mediators Association along with some interested individuals and the state legislators' support established the New Hampshire Marital Mediator Board. The 11 members of this board are appointed as per state statute. This board shoulders the following responsibilities:

  • Development of professional education requirements to renew or reinstate certificates
  • Development of ethical and other professional standards
  • Discipline and oversight of certificate holders
  • Examination and certification of marital mediators
  • Certification of family mediators and relevant training programs

Standards used in mediation

  • A mediator acknowledges that mediation works on the principle of self-determination of the parties.
  • A mediator should have undergone the essential education and training essential to undergo the process.
  • Before the parties reach an agreement to mediate, the mediator will make the parties understand what conflict resolution means and will estimate the capacity of the parties to mediate.
  • The outlook of the mediator towards the process should be an impartial one.
  • A mediator should completely reveal and explain the basis of all charges, fees and compensation to the parties.
  • A mediator should execute the session in such a way that the parties have enough knowledge and information to make decisions.
  • All information gained by the mediator during the mediation must be kept confidential by the mediator, except when the law permits the mediator to disclose the information or such an agreement has been made by the parties.
  • A mediator should help the parties in finding out how the best interests of the children can be attained.
  • If any child abuse or neglect has taken place in the family, the mediator should accordingly steer the process.
  • If the family situation comprises of domestic abuse, the mediator should make the necessary alterations in the mediation.
  • If the mediator reaches the conclusion that one or both parties cannot effectively take part, then the mediation may be terminated or suspended.
  • A mediator should have a truthful approach regarding the solicitation and advertisement for the negotiation session.

We hope the information provided here will help you in actively taking part in your New Hampshire divorce mediation process.

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