Bill Text: NH SB442 | 2020 | Regular Session | Introduced


Bill Title: Relative to alternative dispute resolution.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed - Dead) 2020-09-23 - Died on Table [SB442 Detail]

Download: New_Hampshire-2020-SB442-Introduced.html

SB 442  - AS INTRODUCED

 

 

2020 SESSION

20-3039

04/01

 

SENATE BILL 442

 

AN ACT relative to alternative dispute resolution.

 

SPONSORS: Sen. Chandley, Dist 11; Sen. Hennessey, Dist 5; Sen. Levesque, Dist 12; Sen. Carson, Dist 14; Sen. Kahn, Dist 10; Rep. M. Smith, Straf. 6

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill authorizes the establishment of a quality assurance program in the judicial branch office of mediation and arbitration.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-3039

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to alternative dispute resolution.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Office of Mediation and Arbitration; Quality Assurance Program.  Amend RSA 490-E by inserting after section 5 the following new section:

490-E:6  Quality Assurance Program.  

I.  The office of mediation and arbitration may establish a quality assurance program to support the administration of alternative dispute resolution programs in all courts.  The program may include, but is not limited to:

(a)  Investigating and resolving complaints about alternative dispute resolution programs in all courts, including services or assistance provided by the office or a neutral party approved by the judicial branch; and

(b)  Monitoring and evaluating the appropriateness of alternative dispute resolution services provided by the office or a neutral party approved by the judicial branch so that problems or trends in the delivery of services are identified and steps to correct problems can be taken.

II.  The office of mediation and arbitration may request information about an alternative dispute resolution program in the courts.  Any information received by the office may be shared only within the judicial branch and such information shall otherwise be confidential and privileged as provided by law, rule, or order.

III.  Records of the office's quality assurance program, including records of interviews, internal reviews or investigations, reports, statements, minutes, and other documentation, shall be confidential and shall be protected from direct or indirect discovery, subpoena, or admission into evidence in any judicial or administrative proceeding.

IV.  No person who provides information as part of the quality assurance program shall be held liable in any action for damages or other relief arising from such provision of information.

2  Effective Date.  This act shall take effect 60 days after its passage.

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