TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 328-C
FAMILY MEDIATORS

Section 328-C:1

    328-C:1 Purpose. – The purpose of this chapter is to protect and assist the public by providing standards for the practice of family mediation, training and continuing education for certified family mediators and certified family mediator training programs, and disciplinary procedures for violating ethical rules and requirements.

Source. 1989, 268:1. 2005, 250:1. 2009, 21:4, 5, eff. Jan. 1, 2010.

Section 328-C:2

    328-C:2 Definitions. –
In this chapter:
I. "Board" means the board of family mediator certification established by RSA 328-C:4.
II. "Certified family mediator" means a person certified under the provisions of this chapter to act as a family mediator.
III. "Certified family mediator training program" means a program that has been certified under this chapter to provide the instructional training required for certified family mediators.
IV. "Contracted supervisor" means a supervisor who has contracted with the court to participate in court-referred mediation.
V. "Family mediation" means a process by which an impartial third person or persons, with the consent of the parties, assists and enables the parties to a divorce or parental rights and responsibilities case to work together to reach a mutually satisfactory settlement of the issues involved in such case.
VI. "Family mediator" means an impartial third person who, with the consent of the parties to a divorce or parental rights and responsibilities case, assists and enables the parties to work together to reach a mutually satisfactory settlement of the issues in a dispute.
VII. "Qualified intern" means a person authorized under the provisions of this chapter to participate in mediation under the direct supervision of a certified family mediator.
VIII. "Supervisor" means a person who has been a certified family mediator for at least two years, has mediated at least thirty-six divorce cases, and commits to comply with RSA 328-C:5, VI.

Source. 1989, 268:1. 1992, 207:2. 2005, 250:2. 2009, 21:4, 5, eff. Jan. 1, 2010. 2022, 220:1, eff. Aug. 16, 2022.

Section 328-C:3

    328-C:3 Misrepresentation. – No person or entity shall use the title of certified family mediator or certified family mediator training program, or use or advertise any title or description which conveys the impression that the person or entity is a certified family mediator or certified family mediator training program, unless the person or program has been certified under this chapter.

Source. 1989, 268:1. 2005, 250:3. 2009, 21:4, eff. Jan. 1, 2010.

Section 328-C:4

    328-C:4 Board. –
I. There shall be a board of family mediator certification consisting of the following members:
(a) One judge who regularly sits in the circuit court family division, appointed by the administrative judge of the circuit court. Their term length shall be at the discretion of the administrative judge.
(b) One member of the public, appointed by the governor with the consent of the council. The public members shall be residents of the state of New Hampshire who are not, and never have been, members of the family mediation profession or the spouse of any such person. The public members shall not have, and shall never have had, a material financial interest in either the provision of family mediation services or an activity directly related to family mediation, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
(c) One member of the New Hampshire Bar Association, appointed by the governor with the consent of the council.
(d) Three certified family mediators, nominated by the New Hampshire Conflict Resolution Association and appointed by the governor with the consent of the council.
II. (a) Members shall be appointed for 3-year terms and not more than 2 terms shall expire in any calendar year. One mediator term shall expire each year, on December 31. The public member and lawyer terms shall expire on June 30 of different years. Appointments for terms of less than 3 years shall be made in order to comply with these provisions. No member appointed by the governor shall be eligible to serve more than 3 full consecutive terms, provided that for this purpose only a period actually served which exceeds 25 months shall be deemed a full term.
(b) If a member misses 2 consecutive meetings or their unavailability to attend 2 regular meetings in an 8-month period results in their cancellation due to lack of a quorum, the chairperson or vice chairperson shall inquire of the member as to their continued interest and availability.
(c) To allow the board to carry out its functions, at the request of the board, any member appointed by governor and council may be replaced by the governor and council if:
(1) The member is absent from at least 3 meetings of the board in any 8-month period; or
(2) The member's unavailability to attend 3 regular meetings in any 8-month period results in their cancellation due to lack of a quorum.
(d) Upon expiration of a member's term and absent a resignation, the member shall serve until a successor is qualified and appointed. The successor's term shall be 3 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term.
III. (a) The board shall hold 6 regular meetings each year, one each in January, March, May, June or July or August, September, and November, and special meetings at such times as it may deem necessary. Annually, in January, the board shall establish a time of day and day of the month for the regular meetings.
(b) If a regular meeting cannot occur on the designated day because of a lack of a quorum, weather conditions, or an emergency, it shall be rescheduled within the specified month.
(c) A quorum shall be 3 members.

Source. 1989, 268:1. 2005, 250:4, 5. 2009, 21:1, eff. May 8, 2009; 21:4, eff. Jan. 1, 2010. 2021, 197:164, eff. July 1, 2021. 2022, 220:14, eff. June 17, 2022. 2023, 212:41, eff. Oct. 3, 2023; 216:1, eff. Aug. 4, 2023.

Section 328-C:4-a

    328-C:4-a Duties of the Board. –
The board shall:
I. Compile and maintain a list of certified family mediators and certified family mediator training programs and make such list available to the general public online through the official Internet site for the state of New Hampshire.
II. [Repealed.]
III. Establish eligibility requirements for the certification, renewal certification, and reinstatement certification of family mediators and family mediator training programs.
IV. Establish family mediator training and continuing education requirements.
V. Adopt ethical standards and standards of practice for family mediators.
VI. [Repealed.]
VII. Establish reporting requirements for certified training programs.
VIII. Establish procedures, standards, and other requirements for qualified interns.

Source. 2005, 250:6. 2009, 21:4, eff. Jan. 1, 2010. 2021, 197:166, I, eff. July 1, 2021. 2022, 220:2, eff. Aug. 16, 2022. 2023, 212:42, I, eff. Oct. 3, 2023; 216:3, eff. Aug. 4, 2023.

Section 328-C:5

    328-C:5 Qualifications. –
I. To be eligible for certification, conditional certification, reinstatement of certification, renewal of certification and temporary renewal of certification as a family mediator, an applicant shall be of good character.
II. To be eligible for certification or conditional certification as a family mediator, an applicant shall meet the following requirements:
(a) Satisfactory completion of a program of instruction approved by the board and at least 48 hours in length, including at least 8 hours in domestic violence, and components in family dynamics and relevant law.
(b) Completion of an internship approved by the board and at least 20 hours in length with a certified family mediator or certified family mediation program.
(c) Submission of a completed application to the board.
(d) Submission of at least 3 recommendations satisfactory to the board from persons who have participated with the applicant in family mediation work. These recommendations shall meet any additional requirements established by rules adopted by the board pursuant to RSA 541-A.
III. Notwithstanding subparagraphs II(a) and (b), the board may accept applicants found to have training and internship experience equivalent to the programs of instruction and internship approved by the board.
IV. Qualified interns shall meet the requirements of RSA 328-C:5, I and II(a) and (c).
V. A supervisor shall plan the responsibilities of the intern prior to beginning a mediation and spend time with the intern in pre-mediation planning and post-mediation debriefing. The debriefing shall include a critique of the intern's part in the mediation.
VI. Certification of a mediator or a mediator training program shall be valid for 3 years from the date of issuance, and shall expire 3 years from the date of issuance, unless renewed pursuant to rules adopted by the board pursuant to RSA 541-A.
VII. If timely and sufficient application has been made in accordance with board rules for renewal of certification, the existing certification shall not expire until the board has taken final action on the application for renewal. If the application is either untimely or insufficient, it shall lapse and be subject to reinstatement in accordance with rules adopted by the board pursuant to RSA 541-A.

Source. 1989, 268:1. 1992, 207:3. 2005, 250:7, 8. 2009, 21:4, 5, eff. Jan. 1, 2010. 2022, 220:3, eff. Aug. 16, 2022.

Section 328-C:5-a

    328-C:5-a Confidentiality of Information. –
I. Unless waived by the person to whom the information pertains, the following information relative to certified family mediators, applicants for certification, qualified interns, and formerly certified family mediators which may be in the possession of the board shall be confidential and shall not be subject to disclosure, except as provided in paragraph II, absent an order of the court:
(a) The person's date of birth, social security number, residence address, and home telephone number.
(b) The person's reason for leaving any past employment or the facts giving rise to any reprimand, censure, license revocation or suspension, disbarment, disqualification, or discipline given by any professional organization or entity supervising or overseeing a profession, other than the board.
(c) Whether or not the person has been a defendant in any criminal proceeding, information concerning such proceedings, any executed criminal records release, and the results of any criminal records check.
(d) The addresses and telephone numbers of the individuals who have submitted letters of reference in support of any application for certification.
(e) Any photograph identification card or other document issued by a governmental agency submitted in support of an application that includes an applicant's date of birth, social security number, residence address, or home telephone number.
(f) Any information deemed confidential under RSA 91-A or other applicable law.
II. Notwithstanding paragraph I and RSA 91-A, the board may disclose to any New Hampshire court with the authority to appoint a family mediator, or which possesses oversight authority over the professional activities of individuals who may serve as family mediators, any records, documents, or information in the possession of the board relating to a certified family mediator, an applicant for certification, or a formerly certified family mediator, except for his or her social security number.

Source. 2005, 250:9. 2009, 21:4, eff. Jan. 1, 2010. 2022, 220:4, eff. Aug. 16, 2022.

Section 328-C:5-b

    328-C:5-b Immunity From Civil Action. – No civil action shall be maintained against the board or any member of the board or its agents or employees, against any organization or its members, or against any other person for, or by reason of any statement, report, communication, or testimony to the board or any determination, action, statement, report, communication, disclosure or testimony by the board in relation to any proceeding or communication under this chapter.

Source. 2005, 250:9, eff. Sept. 12, 2005.

Section 328-C:6

    328-C:6 Continuing Education. – To renew a certification, each family mediator shall provide evidence of attendance within the last 3 years of at least 24 hours of continuing education approved by the board. A certified family mediator training program seeking renewal shall provide evidence that it has met any reporting requirements established under RSA 328-C:4-a and that each of the family mediators associated with the program has met the annual continuing education requirements.

Source. 1989, 268:1. 2005, 250:10. 2009, 21:4, eff. Jan. 1, 2010.

Section 328-C:7

    328-C:7 Disciplinary Action. –
I. [Repealed.]
II. [Repealed.]
III. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure or renew a certificate under this chapter.
(b) Conviction of any crime which demonstrates unfitness to practice mediation.
(c) Violation of the ethical standards or standards of practice adopted under RSA 328-C:4-a.
(d) Any unprofessional conduct or dishonorable conduct, unworthy of and affecting the practice of mediation.
(e) Unfitness or incompetency by reason of negligent habits or other causes.
(f) Demonstrable gross incompetence.
(g) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the person unfit to practice mediation.
(h) A legal finding of incompetence.
(i) Willful or repeated violation of the provisions of this chapter.
(j) As to a training program, failure to comply with the training program content, trainer, and materials requirements under this chapter or rules established under it.
(k) As to a training program, failure to comply with reporting requirements under this chapter or rules established under it.
(l) Suspension or revocation without subsequent reinstatement of a certificate, license, or registration, similar to one issued under this chapter, in another jurisdiction.
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]

Source. 1989, 268:1. 2005, 250:11. 2009, 21:4, eff. Jan. 1, 2010. 2022, 220:5, 6, eff. Aug. 16, 2022. 2023, 212:42, II, eff. Oct. 3, 2023.

Section 328-C:7-a

    328-C:7-a Repealed by 2023, 212:42, III, eff. Oct. 3, 2023. –

Section 328-C:8

    328-C:8 Rulemaking Authority. –
I. The board shall adopt rules for family mediators and family mediator training programs pursuant to RSA 541-A, relative to the following:
(a) The eligibility requirements for certification, renewal of certification, recertification, and reinstatement of certification.
(b) Content of training programs and training equivalents allowed under RSA 328-C:5, III.
(c) Content of internships and duration and content of internship equivalents allowed under RSA 328-C:5, III.
(d) The ethical standards and standards of practice for family mediators certified in New Hampshire.
(e) Procedures for the reporting of activities conducted by certified family mediators and certified family mediator training programs.
(f) [Repealed.]
(g) Reporting requirements for certified training programs.
II. The board may adopt rules for family mediators and family mediator training programs, pursuant to RSA 541-A, relative to the application requirements and criteria for temporary renewal of certification and conditional certification.
III. The board may adopt rules for qualified interns pursuant to RSA 541-A, relative to all matters that it may for certified family mediators.

Source. 1989, 268:1. 1992, 207:4, 5. 2005, 250:13. 2009, 21:4, eff. Jan. 1, 2010. 2021, 197:165, eff. July 1, 2021. 2022, 220:7, eff. Aug. 16, 2022. 2023, 212:42, IV, eff. Oct. 3, 2023.

Section 328-C:9

    328-C:9 Privileged Communications. –
I. Family mediation proceedings shall be held in private, and all communications, oral or written, made in the proceedings shall be privileged and confidential and shall not be disclosed, except as provided in paragraph III of this section.
II. Nothing said by the parties during family mediation sessions shall be admissible in further divorce proceedings.
III. No certified family mediator shall be subpoenaed by any court of competent jurisdiction in this state to disclose any information received from any client unless:
(a) The privilege is waived by all parties to the family mediation case.
(b) A party is alleged to have made during family mediation a material misstatement of fact, which would have constituted perjury if made under oath.
(c) The family mediator has received material information alleging abuse or sexual abuse or neglect as defined by RSA 169-C or RSA 173-B.
(d) The family mediator has received information about a felony or misdemeanor that has been or is about to be committed.

Source. 1989, 268:1. 1990, 91:1. 2009, 21:4, 5. 2014, 44:2, eff. Jan. 1, 2015.

Section 328-C:10

    328-C:10 Limitations. – Nothing in this chapter shall be construed to prevent the court from retaining jurisdiction to make emergency orders as appropriate, nor to stop family mediation if one party or the family mediator has indicated to the court that no agreement can be reached through family mediation.

Source. 1989, 268:1. 2009, 21:4, 5, eff. Jan. 1, 2010.

Section 328-C:11

    328-C:11 Repealed by 2023, 216:4, eff. Aug. 4, 2023. –

Section 328-C:12

    328-C:12 Repealed by 2021, 197:166, II, eff. July 1, 2021. –

Section 328-C:13

    328-C:13 Repealed by 2023, 235:28, VII, eff. July 15, 2023. –