Serving New Hampshire Since 1908
Mediation & Arbitration
Mediation & Arbitration Lawyers in New Hampshire
Resolving Complex Disputes Through Experience, Strategy & Neutrality
For more than a century, Upton & Hatfield, LLP has helped New Hampshire businesses, municipalities, and individuals resolve disputes with professionalism, discretion, and skill. Our Mediation & Arbitration Practice Group draws on decades of litigation and trial experience to deliver fair, efficient, and durable resolutions across a range of civil matters.
When parties seek to avoid the cost and uncertainty of trial, our attorneys provide structured, resolution-focused alternatives and help clients achieve results through mediation or arbitration grounded in New Hampshire law and procedure.
Why clients choose Upton & Hatfield, LLP for ADR:
Proven Neutral Experience: Court-approved mediators and arbitrators with Rule 32 credentials and decades of practical insight.
Resolution-Focused Approach: We prioritize durable, cost-effective outcomes while protecting long-term relationships and reputations.
Comprehensive Civil Background: Experience across business, municipal, employment, real estate, probate, and family law disputes.
Strategic Perspective: Trial-tested attorneys who understand what drives negotiation leverage and when to settle or proceed.
Our mediation and arbitration attorneys serve clients across New Hampshire from offices in Concord, Portsmouth, Peterborough, Laconia, and Lancaster. If you have a potential case to discuss, call (603) 634-9560 or contact us online.
Meet Our Mediation & Arbitration Practice Group
Upton & Hatfield, LLP’s ADR team is composed of experienced mediators, arbitrators, and trial attorneys who have spent decades helping parties across New Hampshire resolve complex disputes. Each brings a distinct perspective to the table, combining deep subject-matter knowledge, practical negotiation skill, and the credibility that comes from years in the courtroom.
Russell F. Hilliard. As one of New Hampshire’s most respected litigators, Russell Hilliard has guided clients through complex commercial, municipal, and professional disputes for over four decades. He is recognized for his practical, solution-driven approach and his ability to help parties find common ground.
Senior Partner at Upton & Hatfield, LLP with more than 40 years of courtroom and ADR experience.
Represents businesses, municipalities, and professionals in mediation and arbitration throughout the state.
Lauren S. Irwin. Lauren Irwin is a certified mediator and seasoned employment-law attorney who frequently serves as a neutral for the New Hampshire courts and the Commission for Human Rights. Her background representing both employers and employees allows her to approach every mediation with balance and perspective.
Certified mediator with advanced training from Harvard Law School’s Mediation Intensive.
Serves on the American Arbitration Association’s employment-law panels and mediates private civil disputes statewide.
Regularly appointed by New Hampshire courts and agencies to facilitate resolution in employment and civil-rights cases.
David S. Osman - Of Counsel. David Osman brings decades of experience as both an advocate and a neutral. Before joining Upton & Hatfield, LLP, he served for many years as a mediator and arbitrator under New Hampshire Superior Court Rule 32, earning a reputation for fairness and efficiency.
Approved Neutral with the Office of Mediation and Arbitration and the NH Commission for Human Rights.
Extensive experience mediating foreclosure, employment, and civil matters.
Combines trial-law experience with a collaborative, solutions-oriented ADR practice.
ADR for a Broad Range of Civil and Commercial Disputes
Our Mediation & Arbitration Practice Group serves businesses, municipalities, professionals, and individuals across New Hampshire in a wide array of civil disputes. Whether you need a skilled neutral or experienced counsel in a private mediation or arbitration, our attorneys bring deep experience across multiple practice areas, including:
Business and Commercial Disputes: Contract interpretation, partnership conflicts, shareholder disagreements, and professional services disputes.
Employment and Workplace Matters: Wrongful termination, discrimination, retaliation, and other claims before or after EEOC or NHCHR involvement.
Real Estate and Land Use: Boundary disputes, zoning and development issues, easements, construction conflicts, and municipal planning matters.
By drawing on our full-service practice across these areas, our mediators and arbitrators offer informed guidance grounded in real-world experience — not just procedure.
Understanding Mediation and Arbitration in New Hampshire
How Mediation Works
Mediation is a confidential process in which a neutral third party helps disputing sides identify their goals, clarify issues, and reach a mutually acceptable resolution. Unlike a judge or jury, a mediator does not impose a decision; the outcome remains in the parties’ control.
In New Hampshire, mediation is used extensively in both civil and family cases and is often encouraged or required by the courts before trial. It can take place before a lawsuit is filed, during active litigation, or even after judgment to resolve enforcement or compliance issues.
A typical mediation involves:
Pre-session preparation, where parties exchange limited information and set expectations.
Joint sessions that identify key disputes and interests.
Private caucuses, where the mediator facilitates candid discussion and realistic evaluation of risks and outcomes.
Resolution and drafting, where parties memorialize agreements in writing for court approval or private enforcement.
When conducted by experienced attorneys who understand both advocacy and neutrality, mediation can save months of litigation and preserve relationships that might otherwise break down completely.
How Arbitration Differs from Mediation
While mediation focuses on negotiation, arbitration more closely resembles a streamlined trial. It is a private, contractually governed process where a neutral arbitrator, often a lawyer or retired judge, hears evidence and issues a decision.
Arbitration in New Hampshire may be binding or nonbinding, depending on what the parties agree to. Binding arbitration results in a final, enforceable decision, while nonbinding arbitration can serve as a test of each party’s case before proceeding to court.
Common features of arbitration include:
Simplified procedure: Parties agree to relaxed evidence rules and limited discovery.
Flexible scheduling: Hearings occur outside of crowded court calendars.
Confidentiality: Proceedings are not part of the public record.
Finality: In binding arbitration, awards can only be challenged on narrow grounds, offering closure and predictability.
Because arbitration is governed by the parties’ agreement and applicable statutes, it is critical to have counsel who understands both the legal framework and the practical implications of the process.
When ADR Is the Right Choice
Not every case is best resolved through litigation. ADR offers significant benefits when:
Preserving relationships matters, such as in family businesses, partnerships, or municipalities that must continue working together.
Confidentiality is important, such as in employment or professional disputes where privacy protects reputations.
Speed and cost control are priorities, especially when prolonged discovery or trial would be inefficient.
Expertise is required, as arbitrators can be selected for specialized knowledge in fields like real estate, construction, or employment law.
Creative outcomes are needed, since mediation allows solutions beyond what a court could order.
At Upton & Hatfield, LLP, our New Hampshire alternative dispute resolution attorneys evaluate each matter individually to determine whether mediation, arbitration, or traditional litigation will best meet our client’s objectives.
Selecting the Right Neutral or Advocate
The success of ADR often hinges on the experience and credibility of the professionals involved. Effective mediators and arbitrators must balance subject-matter knowledge with procedural fairness and strong communication skills.
Our attorneys — including Lauren Irwin, Russell Hilliard, and David Osman — bring decades of combined experience to both sides of the table. Each has served as a neutral in court-approved programs and as counsel in high-stakes civil matters, allowing them to anticipate challenges, manage emotions, and foster constructive dialogue.
Whether you are selecting a mediator, participating in arbitration, or seeking an attorney to represent you in an ADR forum, our team provides guidance that blends technical skill with practical judgment.
Call For a Case Evaluation: (603) 634-9560
With multiple office locations, our firm is proud to support clients across New Hampshire. To discuss your case or learn whether ADR may be appropriate for your dispute, contact our Mediation & Arbitration Practice Group today.
Call (603) 634-9560 or reach out online to schedule a confidential consultation.
