Minutes of the Alternative Dispute Resolution Committee 
A Research Committee of the NH Citizens Commission on State Courts 
November 14, 2005 
The first meeting of the Alternative Dispute Resolution Committee was held on 
November 14, 2005 in the main conference room of the Administrative Office of the 
Courts, Noble Drive, Concord, New Hampshire. 
Committee members in attendance were: 
• Attorney Jonathan Baird 
• Ms. Anne Botteri 
• Ms. Sally Davis 
• Attorney Joseph (Mike) McDonough 
• Dr. James Squires – (Chair of the committee) 
Committee members unable to attend: 
• Mr. Michael Kenison 
• Mr. Timothy Markley 
• Mr. Michael Prozzo 
• Mr. Gary Tasker 
• Mr. Peter Wolfe 
Mr. Paul Clemens has requested an assignment to another committee. 
I. Review of the committee’s charge: The committee reviewed its charge: 
What are the Alternative Dispute Resolution Options, 
how are they make available, and do they/could they 
work effectively in New Hampshire? 
The committee accepted this charge. 
II. Attorney McDonough then described his impression as to how the current 
system works based on his long experience as a practicing attorney in New 
Hampshire. In the context of his remarks, it is understood that the word 
“alternative” means a course of action that is an alternative to a trial. In layman’s 
parlance, this is sometimes referred to as a “settlement.” The most common path by 
which an alternative solution is reached was described as being “mandated” by the 
court. This approach is used exclusively in civil actions works as follows: 

Attorneys for the litigants appear before a judge who inquires as to whether or 
not the litigants are interested in the Alternative Dispute Resolution process. If the 
answer is “yes” then a volunteer attorney is appointed who, at a future meeting, 
seeks common ground by shuttling, as it were, between the two parties and their 
attorneys as proposals are offered. Approximately 98% of civil suits are settled in 
this manner. Without this process, the entire process “would grind to a halt. 
Attorney McDonough then indicated that Attorney Peter Wolfe, a member of this 
committee is recognized as being an authority on this process in New Hampshire. 
III. A question was raised as to whether or not there were other “Alternative 
Dispute Resolution processes in New Hampshire as, for example, private 
mediation and court diversions for juvenile defenders. It was agreed that these 
two examples were, indeed, other areas that the committee should pursue. 
IV. It was then agreed that the committee should ask the following questions about the 
Court Mandated Process: 
• How extensively is Court Mandated Alternative Dispute Resolution used? 
• How effective is the system, meaning how frequently the dispute is 
resolved? 
• How expensive is this process? 
• What are the problems? 
The committee decided that it might be helpful if we were to speak with an 
individual who had participated in the process and to listen to the experience at least 
one volunteer mediator 
V. Timeline: It was agreed that the Committee will have at least one meeting between 
today’s date and the next meeting of the entire Commission at a time and place to 
be determined. The committee chair will be responsible for arranging this. 
VI. At this point, the Chair had to leave the meeting the time being 11:00 am. Attorney 
Baird agreed to keep the minutes for the remainder of the meeting. 
Respectfully submitted, 
James W. Squires M.D. 
Committee Chair