- (a) Information, evidence, or the admission of any party or the valuation placed on the case by any neutral shall not be disclosed or used in any subsequent adjudicative proceeding.
- (b) Subject to (f), below, statements made and documents prepared by a party, party’s representative, or any other participant in aid of the ADR proceeding shall be privileged and not disclosed to any judicial or quasi-judicial body for any purpose as an admission against interest.
(c) All ADR options under Plc 2100 shall be:
- (1) Non-binding proceedings; and
- (2) Deemed equivalent to settlement conferences for purposes of RSA 91-A.
- (d) No record of any ADR proceeding shall be made.
(e) The neutral shall:
- (1) Destroy all notes immediately after the proceeding; and
- (2) Not be called in any subsequent proceeding to testify about the ADR proceeding.
- (f) Evidence otherwise admissible at a trial or hearing shall not be rendered inadmissible as a result of its use in the ADR proceeding.
- (g) If an agreement between or among the parties is reached as a result of an ADR process, the parties shall inform the neutral and submit the agreement to the board in the same manner as a settlement agreement, to be issued by the board as a binding order.
Source. #14331, eff 8-20-25, EXPIRES: 8-20-35