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Bar News - November 14, 2008

Rules Subcommittee Seeks Feedback on Temporary Rule 170

A rules subcommittee has been appointed by the Supreme Court advisory committee on rules to monitor the implementation of temporary Superior Court Rule 170, governing mediation.

In June 2008, Chief Justice of the Superior Court Robert Lynn sent a letter to Chair of the Advisory Committee on Rules Justice Linda Dalianis, suggesting that Rule 170 remain temporary for at least another year. In his letter, Judge Lynn expressed concerns that it was too early to adopt the Rule on a permanent basis since the changes to the Rule had only become effective January 1, 2008 and the courts did not have enough experience with the new rule to determine whether the changes would be positively effective or problematic.

Ultimately the subcommittee’s task will be to formally report to the Committee on Rules any feedback, positive or negative, and any recommendations for amendments to the temporary rule before it comes up for consideration for adoption as a permanent rule.

As we begin this task, we felt it would be helpful to receive input along the way from any of you who have suggestions or thoughts regarding the operation of Rule 170, including passing along any comments you may hear from litigants and members of the Bar.

The members of the rules subcommittee are:

Raymond Taylor, Clerk, Rockingham County Superior Court
Karen J. Borgstrom Director, Office of Mediation and Arbitration
Diane M. Nicolosi, Associate Justice of the Superior Court

You may mail or e-mail your comments to:
Karen J. Borgstrom
Director, Office of Mediation and Arbitration
Judicial Branch
P.O. Box 389
Concord, New Hampshire 03302

A General Litigation CLE on Rule 170-and Beyond featuring Karen Borgstrom will be held at the Midyear Meeting.

If you are in doubt about the status of any meeting, please call the Bar Center at 603-224-6942 before you head out.

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