Criminal Mediation in New Hampshire

The goal of this report is to evaluate the effectiveness of criminal mediation processes in the New Hampshire judicial system.1 Criminal mediation is a form of Alternative Dispute Resolution (ADR), an alternative to the traditional trial process. Although ADR is not yet broadly employed across the United States, New Hampshire has an established Felony Settlement Conferences (FSC) program and has begun to expand criminal mediation processes in response to the COVID-19 pandemic. To evaluate mediative practices in New Hampshire, we employ qualitative interviews with county court clerks, judges, prosecutors, public defenders, and other relevant actors, in combination with quantitative data extracted from court recording systems. Across the interviews, we identify nine major findings on the efficacy of criminal mediation, five common criticisms, and propose five recommendations to improve the process. The interviews revealed an overall satisfaction with the process as an alternative to traditional trial practices, with opportunities for
improvement.