Short answer: If mediation in a New Hampshire partition or probate dispute does not produce an agreement, you generally still need to pursue the case in court. Mediation is a form of dispute resolution, not a replacement for the court process. If parties cannot settle, the court will decide outstanding issues—such as whether real property should be partitioned in kind or sold, how proceeds are divided, how estate assets are administered, and related claims for accounting or liens.
Detailed answer — how a failed mediation affects a partition or probate dispute in New Hampshire
1. Mediation is usually voluntary but can be part of the court process
Mediation is a private, confidential process where a neutral mediator helps parties negotiate. In New Hampshire, parties often try mediation before or during litigation because it can save time and money and preserve relationships. Courts and judges may also encourage or order mediation under court rules or scheduling orders. See the New Hampshire courts’ ADR resources for more on programs and court-ordered mediation: https://www.courts.state.nh.us/nhcourts/adr/index.htm.
2. If mediation fails, litigation proceeds
When mediation ends without a settlement, the underlying case continues. For partition disputes (co-owners asking the court to divide property or order sale), a partition action can proceed in the appropriate court so a judge can decide whether to partition the property in kind or order a sale and how to divide proceeds. New Hampshire’s statutory framework for partition actions provides the court the authority to order partition or sale and to determine the rights of co-owners; see the partition statutes: RSA Chapter 547 (Partition).
3. How probate disputes proceed after failed mediation
Probate disputes (will challenges, estate administration, claims by creditors, disputes over distributive shares) similarly proceed in probate court or the appropriate court if mediation fails. The court will handle probate-specific tasks—admitting or contesting wills, appointing administrators or executors, ordering accounting, resolving creditor claims, and distributing assets under statute. See the probate statutes and court guidance: RSA Chapter 551 (Probate of Wills and Administration) and the New Hampshire Probate Court pages: https://www.courts.state.nh.us/probate/index.htm.
4. What the court can decide after failed mediation
- Order partition in kind (divide the land) or order sale and distribution of proceeds under statutory formula.
- Resolve title issues, boundary disputes, liens, easements, and claims for contribution between co-owners.
- Adjudicate probate matters such as will validity, appointment and removal of fiduciaries, accountings, and distributions to heirs and creditors.
- Grant remedies such as monetary judgments, equitable partition, or appointment of a receiver to manage property pending sale.
- Allocate costs and attorney fees where authorized by contract or statute.
5. Practical steps courts will take if mediation fails
After an unsuccessful mediation, expect the case schedule to continue. The parties will exchange discovery (documents and sworn testimony), attend pretrial conferences, file motions (for summary judgment, to compel discovery, to exclude evidence), and prepare for trial or a court hearing. The judge will resolve factual disputes and apply the law to issue a final order.
6. Can the parties try mediation again?
Yes. Parties can agree to try mediation again at any time, even after litigation has started or after an unsuccessful session. Sometimes additional information or interim court rulings make settlement more likely. Courts may also refer cases back to mediation or another form of ADR at various stages.
7. Costs and timing considerations
Mediation can reduce litigation costs and shorten resolution time if it succeeds. If it fails, the parties have incurred mediation costs in addition to litigation expenses. Courts have schedules and procedures that control how quickly a case moves; partition and probate matters can take months to years depending on complexity, contested issues, and the court’s docket.
8. When settlement becomes a court order
If parties reach agreement in mediation, they should document the settlement in writing and ask the court to approve and enter it as an order or judgment. Once the court enters a settlement (consent judgment), it becomes enforceable like any other court order. If mediation produced only an oral promise, get it reduced to a signed written agreement and, where appropriate, a court order.
Helpful Hints
- Gather key documents early: deeds, mortgages, title searches, wills, probate inventories, account statements, tax records, and any written agreements among co-owners or beneficiaries.
- Know your statutory rights: review RSA Chapter 547 for partition procedures and RSA Chapter 551 for probate administration. See RSA Chapter 547: https://www.gencourt.state.nh.us/rsa/html/XL/547/index.html, and RSA Chapter 551: https://www.gencourt.state.nh.us/rsa/html/XXI/551/index.html.
- Consider an appraisal before mediation so parties base talks on a common value estimate.
- Use mediation to narrow issues even if it doesn’t fully settle the case—this can shorten trial time and reduce costs.
- Ask the mediator about confidentiality protections and what can be used later in court—New Hampshire mediation programs have specific rules; see the NH Courts ADR page: https://www.courts.state.nh.us/nhcourts/adr/index.htm.
- Be prepared for litigation steps if mediation fails: discovery, motions, and trial. Talk with an attorney about timing, likely outcomes, and cost/benefit analysis.
- If you reach a settlement in mediation, get it in writing and seek court approval when required to ensure enforceability.
- Keep lines of communication open with co-owners or beneficiaries; preserving a cooperative tone can make settlement more attainable later.
Next practical move: If you are in the middle of mediation or uncertain whether to file suit, collect the documents listed above and consult a New Hampshire attorney experienced in partition and probate matters. They can explain statutory deadlines, likely remedies under RSA Chapter 547 (partition) or probate statutes, and whether mediation or litigation best fits your situation.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney–client relationship. For advice about your specific situation, consult a qualified attorney licensed in New Hampshire.