If I am a domestic violence victim, do I have to do mediation?
If the judge believes that you have been a victim of domestic violence, s/he should not order mediation unless you and the other person agree to it.1
Some other reasons the judge might decide you don’t have to go to mediation are as follows:
- It would be too hard and unfair for you or the other person.
- You both agreed to use a different way to resolve your dispute.
- There is a claim of abuse or neglect involving your child.
- The judge decided that someone involved abused alcohol or drugs unless you both agreed to use mediation anyway.
- There is serious psychological or emotional abuse.
- No mediator is available soon enough.2
1 N.H. Rev. Stat. § 461-A:7(V)
2 N.H. Rev. Stat. § 461-A:7(IV)