THE STATE OF NEW HAMPSHIRE
The New Hampshire legislature recognizes that mediation may not be appropriate for all families. This is set forth in the Parental Rights and Responsibilities Act, RSA 461-A, as follows: Reasons the court may choose not to order mediation include, but are not limited to, the following: (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 or drug abuse, 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. The court shall not order mediation if there is a finding of domestic violence as defined in RSA 173B:1, unless all parties agree to mediation.
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