Rule 2-805 NMRA
Rule 2-805. Mediation.
A. Purpose. The purpose of mediation programs in the magistrate courts is the
early, efficient, cost-effective, and informal resolution of disputes.
B. Administration. Mediation shall be administered by a court. Mediators shall be
volunteers who have been certified by the Administrative Office of the Courts as
qualified to conduct mediations in the magistrate courts.
C. Order required. All referrals to mediation require a written court order. When the
court orders mediation, notice shall be provided and the parties shall appear and
mediate in good faith. Nothing in the rules governing the mediation programs shall be
construed to require settlement. Nothing in the rules governing the mediation programs
shall be construed to discourage or prohibit parties from stipulating to private alternative
dispute resolution.
D. Immunity. Persons certified by the Administrative Office of the Courts to serve
as mediators under these rules are appointed to serve as arms of the court and as such
are immune from liability for conduct within the scope of their appointment.
E. Confidentiality. Mediation proceedings shall be held in private and shall be
confidential as provided by law.
F. Report to the court. No report of the content of mediation shall be made to the
court. The mediator shall inform the court by written report of the result of the mediation
session. If the mediation process is successful, the mediator shall reduce the
agreement to writing on a form to be signed by the parties.
G. Costs. If a party fails to appear as ordered by the court for mediation, and the
other party or parties appear, the court may, after a hearing, assess costs against a
party who fails to appear as ordered for a mediation to reimburse the party or parties
who did appear for attorney fees or lost wages.