LR12-401 NMRA
Local Rule LR12-401. Domestic relations mediation.
[Related Statewide Rule 1-125 NMRA]
A. Scope. This rule applies to all domestic relations actions involving a dispute over
custody or visitation of children filed in the Twelfth Judicial District Court, whether new
or reopened.
B. Application. The Twelfth Judicial District Court establishes a domestic relations
mediation program to assist the court, parents, and other interested parties in
determining the best interests of children involved in domestic relations cases.
C. Mediation surcharge. Under Section 40-12-6 NMSA 1978, the district court
clerk shall collect a thirty dollar ($30.00) surcharge for all new and reopened domestic
relations cases other than those filed under the Family Violence Protection Act,
Sections 40-13-1 to -8 NMSA 1978. The surcharge shall be in addition to the filing fee
required under Section 34-6-40 NMSA 1978 for all new and reopened cases. The
district court clerk shall deposit all surcharges collected under this local rule in the
"domestic relations mediation fund."
D. Mediation fees. Each party shall pay a fee to the court clerk's office to offset the
costs of the alternative dispute resolution program before mediation has begun. The
parties shall fill out a financial information sheet and each party's respective fee shall be
determined by using the sliding fee scale approved by the Supreme Court.
E. Immunity. Attorneys and other persons appointed by the court to serve as
mediators, or in other such roles under the rules governing this district's programs under
the Domestic Relations Mediation Act, are arms of the court and are immune from
liability for conduct within the scope of their duties as provided by law.