Traps for the Unwary Abound!

Many of our firm’s Nashua area commercial/business landlords and tenants have questions and concerns about how best to resolve disputes. Mediation is one option. Mediation is available throughout the New Hampshire judicial system, from small claim actions to Supreme Court appeals. However, court-sanctioned mediation is not available in landlord/tenant actions. There are many possible explanations for this, but the most likely one is their technical nature. Landlord/tenant statutes are filled with many technical requirements. Even settlement agreements between landlords and tenants filed with the court to resolve disputes must meet specific statutory requirements to be valid.

In lieu of court-sanctioned mediation, private mediation is an option for commercial/business landlords and tenants seeking to resolve their dispute outside of the judicial system. There are many mediators who perform private mediations in New Hampshire. The downside of private mediation in landlord/tenant matters is that mediated agreements will not be summarily enforced by the judicial system without initiating litigation. However, even with this downside, private mediation is worth exploring in many cases.

Unless and until there are changes in New Hampshire law to provide court-sanctioned mediation in landlord/tenant matters, the best advice is to hire an attorney who is competent in the commercial/business landlord/tenant practice area. The real estate attorneys at Welts, White & Fontaine, P.C. are well versed in both mediating and litigating landlord/tenant disputes. Please contact George H. Thompson, Jr. at (603) 883-0797 ext. 527 or [email protected] if you have any questions.

Author: George H. Thompson, Jr

This blog is intended for informational use only. The information contained herein should not be construed as offering legal advice or a legal opinion.