Family Mediation in New Hampshire — Joy McNaughton
In This Article
Divorce Mediation
Updated July 2026
By Joy Crafts McNaughton, J.D.
Family mediation resolves disputes over New Hampshire divorce, parental rights, child support, and property division without a contested court hearing. Joy Crafts McNaughton, J.D., a licensed Maine attorney with 181+ court-connected family mediations, provides private mediation to New Hampshire families via Zoom and in person at her Wiscasset, Maine, office.
New Hampshire courts routinely order mediation under New Hampshire Revised Statutes Annotated §461-A:7, but court-connected mediators are assigned by the court — not chosen by the parties.
Private mediation with McNaughton gives New Hampshire families a mediator with 34 years of litigation experience and direct knowledge of family law proceedings. Call (207) 712-8995.
What Is Family Mediation in New Hampshire?
Family mediation is a voluntary, confidential process in which a neutral mediator helps New Hampshire families reach agreements on disputed issues — including divorce terms, parental rights and responsibilities, child support, property division, and alimony — so the parties avoid the cost and adversarial dynamic of a contested court hearing.
New Hampshire law provides two statutes governing court-ordered family mediation. New Hampshire Revised Statutes Annotated §461-A:7 governs mediation in cases involving children, including parental rights, child support, and grandparents’ visitation.
New Hampshire Revised Statutes Annotated §458:15-c governs mediation in divorce cases without minor children, covering property settlement and alimony disputes. Both statutes require that mediation proceedings remain confidential and that the mediator has no authority to impose a decision on either party.
Private family mediation operates entirely outside the court system. New Hampshire families can engage a private mediator before filing any court action, during pending proceedings, or after a court-ordered mediation conference fails to produce an agreement. The mediator is chosen by the parties, not assigned by the court.
How Does Court-Ordered Mediation Differ from Private Mediation in New Hampshire?
Court-ordered mediation in New Hampshire is conducted by New Hampshire Certified Family Mediators who contract with the Circuit Court Family Division, and the court assigns the mediator.
Private mediation gives the parties full control over which mediator they work with, when sessions occur, and how the process is structured.
Cases Involving Children — New Hampshire Revised Statutes Annotated §461-A:7
Under New Hampshire Revised Statutes Annotated §461-A:7, the court may order mediation in all cases involving disputed parental rights and responsibilities or grandparents’ visitation rights:
- The mediator has no authority to make a decision or impose a settlement — any agreement reached is entirely voluntary
- All communications during mediation are privileged and confidential and are not admissible in court
- Each party signs the mediated agreement, and the mediator files the written terms with the court
- The parties must participate in good faith, and the mediator may return the case to court if mediation is not productive
- All issues relevant to the case, including child support and property settlement, may be mediated unless the court orders otherwise
Divorce Without Children — New Hampshire Revised Statutes Annotated §458:15-c
New Hampshire Revised Statutes Annotated §458:15-c governs mediation in divorce cases without minor children. The court may order mediation upon request of either party or at the court’s discretion:
- The same confidentiality protections apply — all communications are privileged and not admissible in court
- Both parties sign the mediated agreement, and the mediator files the written terms with the court
- The court may decline to order mediation for reasons including domestic violence, alcoholism or drug abuse, or serious psychological or emotional abuse
Private Mediation — Chosen by the Parties
Private mediation differs from court-ordered mediation in scope, timing, and mediator selection:
1
The parties select a mediator with specific experience relevant to their dispute, rather than accepting a court-assigned mediator
2
Sessions can be scheduled at the parties’ convenience — including evenings and weekends — rather than on the court’s calendar
3
Private mediation can begin before any court filing, giving families a path to agreement before litigation expenses accumulate
4
Agreements reached in private mediation can be submitted to the court for approval, carrying the same legal weight as court-mediated agreements
How Can New Hampshire Families Access Private Mediation?
New Hampshire families access private family mediation with McNaughton through two formats — Zoom sessions available to families anywhere in New Hampshire, and in-person sessions at the Wiscasset, Maine office for families in southern New Hampshire who prefer face-to-face mediation.
| Zoom Sessions | In-Person Sessions | |
|---|---|---|
| Availability | Families anywhere in New Hampshire | Families in southern New Hampshire and bordering Maine communities |
| Location | Each party joins from a private location | 24 Foye Road, Wiscasset, Maine 04578 |
| Scheduling | Flexible — including evenings by arrangement | Flexible |
| Confidentiality | Same protections as in-person mediation | Same protections as Zoom mediation |
| Caucus format | Private breakout rooms for each party | Separate physical rooms for each party |
New Hampshire families can review the mediator’s full credentials — including litigation experience, jury trial record, and CADRES mediation history — on the about page.
New Hampshire families facing divorce, parental rights disputes, or property division disagreements deserve a mediator with courtroom experience and a track record of helping families reach an agreement. McNaughton’s 181+ mediations give both sides a structured path to resolution. Call (207) 712-8995 or schedule a session.
What Does the New Hampshire Divorce Mediation Process Look Like?
New Hampshire divorce mediation follows a structured process that moves from initial contact through agreement — typically resolving in one to three sessions, so families reach resolution in weeks rather than the months a contested court proceeding requires.
Before Filing
Families who engage a private mediator before filing a divorce petition in New Hampshire gain the advantage of resolving disputed issues before litigation expenses begin:
- Each party prepares a summary of assets, debts, income, and disputed issues
- The mediator reviews financial disclosures and identifies the issues that require negotiation
- An initial session agenda is set based on the specific disputes — parental rights, child support, property division, alimony, or a combination
During Mediation Sessions
The mediator facilitates structured negotiation on each disputed issue, working with the parties in joint sessions and private caucuses:
- Each party has an opportunity to explain priorities and concerns without interruption
- The mediator helps both sides evaluate options and trade-offs for each issue
- Parental rights and responsibilities — including decision-making authority and residential schedules — are addressed alongside financial issues
- The mediator does not provide legal advice to either party and does not advocate for either side
After Agreement
Both parties sign the mediated agreement, and the mediator puts the terms in writing in the form of a Memorandum of Understanding (MOU). The MOU becomes the basis for a formal settlement agreement drafted by one of the parties’ attorneys. The agreement can be submitted to the New Hampshire Circuit Court Family Division for approval and incorporation into a court order, giving the mediated terms the same enforceability as a court-issued decree. Parties are encouraged to have their own attorneys review the agreement before signing.
How Much Does Family Mediation Cost in New Hampshire?
Private family mediation with McNaughton is billed at an hourly rate, and the fee is typically shared equally between the parties, so each side pays half the cost per session. Most family mediations resolve in one to three sessions of two to three hours each.
Contested divorce litigation in New Hampshire involves attorney retainers, court filing fees, discovery costs, and the time required to obtain a hearing date.
New Hampshire family law attorneys typically require retainers, and contested proceedings add preparation time, court appearances, and hearing delays that private mediation eliminates. Private mediation resolves the same disputes at a fraction of that cost and on a timeline the parties control.
McNaughton also provides gray divorce, elder, personal injury, and workers’ compensation mediation for families and individuals throughout Maine and southern New Hampshire.
Frequently Asked Questions
Is mediation required before divorce in New Hampshire?
New Hampshire courts order mediation in cases involving minor children under New Hampshire Revised Statutes Annotated §461-A:7 and may order mediation in divorce cases without children under §458:15-c. The court does not order mediation when domestic violence or substance abuse is present.
How much does divorce mediation cost in New Hampshire?
Court-connected mediation in New Hampshire costs $450 per case for up to four hours, with the court splitting the fee between the parties at $225 each. Private mediators typically bill hourly, with most family mediation sessions lasting two to three hours.
Can I start mediation before filing for divorce in New Hampshire?
New Hampshire families can begin private mediation before filing any court paperwork. Reaching an agreement before filing allows the parties to submit the divorce petition as uncontested, avoiding the cost of attorney retainers, discovery, and contested hearings that a litigated divorce requires.
What happens if mediation doesn't work in a New Hampshire divorce?
The mediator reports to the court that the parties did not reach an agreement, and the court schedules the next proceeding. The parties lose none of their legal rights — mediation preserves all options to litigate disputed issues before a judge.
Do I need a lawyer for divorce mediation in New Hampshire?
New Hampshire law does not require parties to have attorneys present during mediation, and the mediator does not provide legal advice to either side. Each party should consult an independent attorney before and after mediation sessions to review any proposed agreements before signing.
Is what I say in mediation confidential in New Hampshire?
New Hampshire law protects all communications during family mediation as privileged and confidential under both New Hampshire Revised Statutes Annotated §461-A:7 and §458:15-c. Courts cannot admit any statements from mediation as evidence, except as provided under New Hampshire Revised Statutes Annotated §328-C:9.
Can my spouse refuse to go to mediation in New Hampshire?
New Hampshire courts can order both parties to attend mediation, and refusal to attend a court-ordered session may result in a fee or other court-imposed consequences. Private mediation requires both parties to participate voluntarily — a private mediator cannot compel attendance without court involvement.
How long does divorce mediation take in New Hampshire?
Court-connected mediation in New Hampshire provides up to four hours of mediation time, typically split into two two-hour sessions. Private mediation sessions typically run two to three hours each, and most family disputes are resolved in one to three total sessions over a period of weeks.
New Hampshire families deserve a path to agreement that avoids the cost, delay, and adversarial nature of contested court proceedings. McNaughton’s 181+ family mediations and 34 years of litigation experience provide both sides with a structured process designed for resolution. Call (207) 712-8995 to schedule a session.
JM
Joy Crafts McNaughton, J.D.
Licensed Maine attorney and rostered Maine CADRES family mediator. Provides private personal injury mediation throughout Maine and southern New Hampshire. Contact: (207) 712-8995