New Hampshire Revised Statutes 328-C:9 – Privileged Communications
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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 N.H. Rev. Stat. Chapter 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.
II. Nothing said by the parties during family mediation sessions shall be admissible in further divorce proceedings.
Terms Used In New Hampshire Revised Statutes 328-C:9
- 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
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 N.H. Rev. Stat. Chapter 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.