In New Hampshire (NH), the confidentiality of mediation is defined and protected by state law. The key statute that governs confidentiality in mediation is the New Hampshire Mediation Confidentiality Act (RSA 328-C:12).
Under this act, mediation communications are generally privileged and confidential. This means that the participants in mediation, including the mediator, the parties involved, and any other individuals present during the mediation, are prohibited from disclosing or using any information shared during the mediation process in subsequent proceedings, including court proceedings.
Here are some important points regarding confidentiality in mediation in NH:
- Privilege: Communications made during mediation are privileged, which means that the parties and the mediator cannot be compelled to disclose these communications in court or other legal proceedings.
- Limited exceptions: There are a few limited exceptions to confidentiality in mediation. These include instances where there is a risk of imminent harm to an individual’s safety or well-being, allegations of child abuse or neglect, or if the court orders the disclosure of mediation communications for good cause shown.
- Waiver: Parties can waive the privilege of confidentiality by agreement. If the parties agree to waive confidentiality, they can use or disclose the mediation communications in subsequent legal proceedings.
- Mediator’s duty: Mediators are bound by the duty of confidentiality. They are not allowed to disclose any information shared during mediation unless authorized by the parties or required by law.
It is important to note that confidentiality laws may vary, and it is advisable to consult the specific statutes and seek legal advice to understand the complete details of confidentiality in mediation in New Hampshire.
Marianne L. Rousseau, Esq., CFM
Rousseau Law and Mediation, PLLC