New Hampshire Revised Statutes 542:11 – Arbitration of Domestic Relations Cases
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I. The parties to any contested issues in a domestic relations case in superior court may file a stipulation prior to trial in which the parties and their attorneys, if any, agree to submit the case to arbitration. Upon the approval of the court, said stipulation shall be considered an agreement in writing to submit to arbitration within the scope of N.H. Rev. Stat. § 542:1. Filing of the stipulation shall stay the trial of the suit until arbitration has been had in accordance with the terms of the stipulation.
II. The parties shall select an arbitrator who shall be an attorney licensed to practice law in the state of New Hampshire. The stipulation to submit to arbitration shall include the name of the arbitrator.
III. The parties shall be solely responsible for all fees and costs of arbitration.
IV. The stipulation to submit to arbitration shall include all outstanding issues which have not been resolved by prior court order or court approved stipulation.
V. The arbitrators shall issue written findings on all issues of law and fact.
VI. The arbitrator’s decision and findings shall be submitted to the superior court and shall have the same effect as the report of a marital master.
VII. N.H. Rev. Stat. § 542:1, relative to validity of arbitration agreements, shall apply to this section when such agreements have been approved by the superior court.
VIII. The following provisions shall apply to arbitration under this section:
(a) N.H. Rev. Stat. § 542:2, relative to stay of proceedings brought in violation of arbitration agreements.
(b) N.H. Rev. Stat. § 542:3, relative to remedy in case of default; jurisdiction; proceedings.
(c) N.H. Rev. Stat. § 542:6, relative to depositions.
IX. N.H. Rev. Stat. § 542:5, relative to witnesses, and N.H. Rev. Stat. § 542:7, relative to awards, shall apply to this section, except that there shall be only one arbitrator appointed.
X. Any arbitration under this section may be terminated by the written agreement of all parties or at the written request of the arbitrator, in which case the matter shall be returned to the superior court.
XI. Unless inconsistent with this section, all provisions of law relative to domestic relations shall apply to a proceeding under this section.
XII. Nothing in this section shall restrict the court from enforcing existing orders, or granting and enforcing emergency orders.
II. The parties shall select an arbitrator who shall be an attorney licensed to practice law in the state of New Hampshire. The stipulation to submit to arbitration shall include the name of the arbitrator.
Terms Used In New Hampshire Revised Statutes 542:11
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
III. The parties shall be solely responsible for all fees and costs of arbitration.
IV. The stipulation to submit to arbitration shall include all outstanding issues which have not been resolved by prior court order or court approved stipulation.
V. The arbitrators shall issue written findings on all issues of law and fact.
VI. The arbitrator’s decision and findings shall be submitted to the superior court and shall have the same effect as the report of a marital master.
VII. N.H. Rev. Stat. § 542:1, relative to validity of arbitration agreements, shall apply to this section when such agreements have been approved by the superior court.
VIII. The following provisions shall apply to arbitration under this section:
(a) N.H. Rev. Stat. § 542:2, relative to stay of proceedings brought in violation of arbitration agreements.
(b) N.H. Rev. Stat. § 542:3, relative to remedy in case of default; jurisdiction; proceedings.
(c) N.H. Rev. Stat. § 542:6, relative to depositions.
IX. N.H. Rev. Stat. § 542:5, relative to witnesses, and N.H. Rev. Stat. § 542:7, relative to awards, shall apply to this section, except that there shall be only one arbitrator appointed.
X. Any arbitration under this section may be terminated by the written agreement of all parties or at the written request of the arbitrator, in which case the matter shall be returned to the superior court.
XI. Unless inconsistent with this section, all provisions of law relative to domestic relations shall apply to a proceeding under this section.
XII. Nothing in this section shall restrict the court from enforcing existing orders, or granting and enforcing emergency orders.