Section Inst 702.04 - Neutral Evaluation Procedure(a) For the purposes of this rule, a "neutral evaluator" means a person not engaged as a party on either side of the dispute and not aligned with a political or ideological grouping with a special interest in the matters being evaluated.(b) If both parties agree to attempt to settle differences through neutral evaluation, the board shall schedule such evaluation.(c) There shall be no record made of the neutral evaluation except only the date and names of the participants shall be recorded.(d) Once the neutral evaluation process has been selected, the board shall provide the parties with resumes of 3 neutral evaluators. The parties shall agree to the selection of one neutral evaluator to preside at the evaluation.(e) The following criteria shall apply to the selection of a neutral evaluator: (1) The neutral evaluator shall not have personal knowledge of any of the parties; and(2) The neutral evaluator shall disclose any circumstances likely to create a conflict of interest, the appearance of a conflict of interest, a reasonable inference of bias, or likely to prevent the process from proceeding as scheduled.(f) If the neutral evaluator withdraws, has a conflict of interest, or is otherwise unavailable, a replacement neutral evaluator shall be appointed by the board to hear and decide the issue.(g) The neutral evaluator shall not act as a legal advisor or legal representative.(h) Following the selection of a neutral evaluator, the board shall:(1) Schedule the neutral evaluation;(2) Provide the parties with the neutral evaluator's name and address;(3) Provide the time, date, and place of the neutral evaluation; and(4) Specify the date by which the parties shall furnish the neutral evaluator with required information and documentation.(i) Not less than 5 days prior to the neutral evaluation, the parties shall submit to the neutral evaluator and exchange a summary of the significant aspects of their case. The parties shall attach to the summary copies of all documents on which they rely. Such summaries shall be not more than 4 pages.(j) Parties shall not communicate with the neutral evaluator concerning their case outside of the neutral evaluation.(k) At the neutral evaluation, the parties shall be present and shall have authority to approve settlement.(l) If the neutral evaluator deems it necessary, such neutral evaluator shall request additional written information prior to the evaluation from either party.(m) At the neutral evaluation, the neutral evaluator may address questions to the parties and shall allow each party no more than 30 minutes to complement their written summaries with a brief oral statement. The evaluation shall be limited to not more than 2 hours.(n) The neutral evaluator shall issue an oral opinion following the conference with a written report mailed to the parties within 48 hours of the conference excluding Saturday, Sunday, or a holiday. The opinion shall contain a suggested settlement or disposition and the reasons therefor.(o) If the neutral evaluation results in agreement, the conclusions shall be incorporated into a written binding agreement signed by each party.(p) If the neutral evaluation does not result in agreement, the neutral evaluator shall document only the date and the participants at the meeting.(q) The neutral evaluator shall advise the board that the neutral evaluation has taken place.N.H. Admin. Code § Inst 702.04
#8494, eff 12-24-05; ss by #10155, eff 4-14-12