Group VI: Alternatives to Trial · Last amended October 1, 2013 · Last verified July 14, 2026
In one sentenceRule 34 lets parties in a complex case ask the presiding justice to assign the matter to another judge for intensive mediation, with safeguards to keep the mediating judge separate from the judge who will try the case.
(a)For purposes of this rule only, the term "complex case" shall mean:
(1)with respect to any case in which the relief sought is monetary damages, a case wherein there is a realistic possibility the damages awarded could exceed $250,000.00; and (2) with respect to any case in which relief other than monetary damage is sought, a case wherein the trial can reasonably be expected to last more than five trial days.
(b)Upon agreement of the parties, the presiding justice may assign a complex case for intensive mediation. Such assignment may be made at or at any time after the case structuring order has been issued but shall not be made later than 90 days before the trial date except for good cause shown. Assignment of a case to intensive mediation shall not stay, alter, suspend, or delay pretrial discovery, motions, hearings, conferences or trial unless the presiding justice so orders.
(c)The mediator for intensive mediation conducted under this rule shall be an active, senior active or retired superior court justice other than the justice to whom the case has been assigned for trial or who has presided over any pretrial hearings or ruled upon any pretrial motions. The justice who serves as mediator and all persons who participate in the mediation shall have no communication with the justice to whom the case is assigned for trial concerning the mediation or any matter pertaining to the merits of the case. All justices who serve as mediators pursuant to this rule shall have completed an approved mediation training program. The provisions of Rule 32(c)(3) shall apply to all superior court justices who serve as mediators under this rule.
The litigants and counsel must recognize that the neutrals will not be acting as legal advisors or legal representatives. They must further recognize that, because the neutrals are performing quasi-judicial functions and are performing under the auspices of the Court, each such neutral has immunity from suit, and shall not be called as a witness in any subsequent proceeding relating to the parties' negotiations and/or his/her participation, except as set forth in Rule 32(d).
(d)The parties shall be provided at least 30 days advance notice of the date, time and location of the mediation session and of the name of the justice who will be serving as the mediator. Any party claiming grounds to recuse the justice assigned as mediator, shall file a motion for such relief within 10 days after the date of the notice scheduling the mediation. Any such motion shall be referred for ruling to the justice assigned as the mediator and said justice's ruling on the motion shall be final and not subject to further review. In the event the justice assigned as mediator grants the motion to recuse, the case shall be reassigned to another justice for mediation. Mediation sessions shall be held at a court facility but, subject to the availability of facilities, normally shall be held in a location other than the court wherein the case will be tried.
Amendment History
Adopted September 24, 2013, eff. October 1, 2013.
Plain-English Summary
Rule 34 applies to what it defines as a "complex case" — one where damages realistically could exceed $250,000, or where a non-monetary case would reasonably take more than five trial days. In such a case, if the parties agree, the presiding justice can assign it to intensive mediation conducted by another judge, generally no later than 90 days before trial absent good cause. As with ADR generally, this assignment does not pause discovery, motions, hearings, or the trial date unless the presiding justice orders otherwise.
The mediating judge must be an active, senior active, or retired superior court justice — never the judge assigned to try the case or one who has ruled on pretrial matters — and must have completed approved mediation training. That judge and everyone involved in the mediation are barred from discussing it with the trial judge, and the rule extends the same immunity and confidentiality protections found in Rule 32 to judges serving as mediators. Parties get at least 30 days' notice of the mediation session and the mediator's identity, and any request to recuse that judge must come within ten days of notice; the mediating judge alone decides the recusal motion, and that ruling is final.
Frequently Asked Questions
What counts as a "complex case" eligible for judge-conducted intensive mediation?
Rule 34(a) defines it as a case where damages realistically could exceed $250,000, or, where relief other than damages is sought, a case that could reasonably be expected to take more than five trial days.
Who can serve as the mediating judge, and what is off-limits for them?
The mediator must be an active, senior active, or retired superior court justice who has completed approved mediation training, and cannot be the justice assigned to try the case or one who presided over pretrial hearings or ruled on pretrial motions in it.
Can the trial judge learn what happened during the mediation?
No. The justice serving as mediator and everyone participating in the mediation are barred from communicating with the trial judge about the mediation or any matter touching the merits discussed there.
How much notice do parties get before the mediation session, and can they seek recusal?
Parties receive at least 30 days' notice of the date, time, location, and identity of the mediating justice. A party may move to recuse that justice within ten days of the notice, and the mediating justice's ruling on the motion is final and not subject to further review.
Does assigning a case to intensive mediation delay the trial date or discovery?
No, not automatically. Rule 34(b) states the assignment does not stay, alter, suspend, or delay pretrial discovery, motions, hearings, conferences, or trial unless the presiding justice specifically orders otherwise.
Source & verification. Rule text, official Comments, and amendment
history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted
by the New Hampshire Supreme Court. Last verified July 14, 2026.
· Official source
Also known as:intensive mediationcomplex case mediationjudge-conducted mediation New Hampshiremediating justice recusal