New Hampshire 2023 Regular Session

New Hampshire Senate Bill SB129

Introduced
1/19/23  
Refer
1/19/23  
Report Pass
2/8/23  
Report Pass
2/15/23  
Engrossed
3/20/23  
Refer
3/20/23  
Report Pass
5/10/23  
Enrolled
6/13/23  
Chaptered
6/27/23  

Caption

Relative to the payment of costs for indigent persons involved in mediation services.

Impact

The bill modifies existing law under RSA 461-A, specifically concerning the financial responsibilities of indigent parties during mediation proceedings. As the guardian ad litem fund was previously repealed, aligning current laws with practice is vital. The financial implications are projected to be minimal as the Mediation and Arbitration Fund, which handles these costs, will absorb the expenses without an increase in appropriations. Overall, the reform is anticipated to facilitate access to mediation services for those lacking financial resources.

Summary

SB129 is a legislative bill aimed at addressing the costs associated with mediation services for indigent individuals. The bill strikes the previous requirement that those who utilize mediation services and are unable to afford the associated costs must repay the Judicial Branch Mediation and Arbitration Fund. Instead, it mandates that these costs be funded directly from the mediation fund without any expectation of reimbursement. This is significant as it alleviates a financial burden from indigent parties involved in legal disputes, particularly in cases concerning family law and child custody.

Sentiment

Responses to SB129 appear largely positive among advocates for indigent services and legal reform. Many support the bill's aim to remove financial barriers for low-income individuals engaged in mediation processes. The accessibility to mediation is seen as crucial for fostering equitable legal outcomes in family law cases. However, some concerns were raised regarding the sustainability of funding from the mediation fund and potential implications for overall fund health in the long term.

Contention

Despite the overall supportive sentiment, worries about the long-term effects on the Mediation and Arbitration Fund could reflect a broader tension in financial management within judicial funding. Critics may argue that without reimbursement from parties deemed able to pay, there could be increased strain on the fund, leading to budgetary challenges in the provision of ongoing legal mediation services. Balancing funds while ensuring that aid is accessible remains a critical conversation point in discussions surrounding SB129.

Companion Bills

No companion bills found.

Previously Filed As

NH HB411

Relative to mediation of cases involving children.

NH HB1206

Relative to the source of funding for appointment of counsel or other services for indigent persons.

NH HB1263

Relative to parenting coordinators in high-conflict cases.

NH SB128

Relative to payment for legal services for persons involuntarily admitted for mental health services.

NH SB128

Relative to payment for legal services for persons involuntarily admitted for mental health services.

NH HB547

Relative to rebuttable presumptions of sole custody determinations.

NH HB46

Establishing a committee to study replacement of bail commissioners with court magistrates and relative to delinquent payment of accounts by on premises and off premises licensees and relative to electronic payments to employee debit cards.

NH SB75

Relative to the division of personnel in the department of administrative services.

NH HB314

Relative to the expectation of privacy in the collection and use of personal information.

NH HB652

Abolishing the family division, creating the office of family mediation, and reassigning the jurisdiction of the family division.

Similar Bills

No similar bills found.