District of New Hampshire
IN BRIEF
Process summary
ADR generally.
Although the District of New Hampshire declined, in its December 1, 1993, CJRA plan, to establish a formal ADR program because of existing workload and resources, the court promotes settlement efforts at every stage of a case and encourages parties to consider voluntary use of private ADR services. ADR use in the district requires consent of all parties. The summary jury trial has been used by some judges.
Judicial settlement conferences.
Settlement is discussed at the final pretrial conference, which is held in all trial-ready cases. All judges are available to hold settlement conferences, either at their discretion or on request of counsel. In appropriate cases, the assigned judge will ask another judge to host the settlement conference.
Of note
Obligations of counsel.
Counsel must be prepared to discuss the case's suitability for ADR with the assigned judge.
Information from court.
The court's publication, Provisional Handbook for Summary Jury Trial Proceedings, describes the court's summary jury trial process.
Plans.
The court will reconsider its approach to ADR annually and may consider offering litigants a menu of ADR options, including neutral evaluation, mediation, nonbinding arbitration, binding arbitration, summary jury trial, and minitrial.
For more information
James R. Starr, Clerk of Court, 603-225-1423
Excerpted from
ADR and Settlement in the Federal District Courts: A Sourcebook for Judges & Lawyers, 1996,
a publication of the Federal Judicial Center and CPR Institute for Dispute Resolution