Local Rule LR13-401. Domestic relations alternative dispute resolution (ADR); advisory consultation.

[Related Statewide Rule 1-125 NMRA] A. Application. Any domestic relations case is subject to this rule and may be referred to ADR or advisory consultation. B. Referrals. Any party at any time may file a motion requesting referral to ADR or advisory consultation. At the discretion of the court, the court may order the parties to participate in ADR or an advisory consultation. C. Referral order. The court shall complete and file an order referring the parties to ADR or advisory consultation, appointing the mediator, settlement facilitator, or advisory consultant, and setting the time period in which the ADR or advisory consultation shall take place, and mail or deliver endorsed copies of the order to all parties entitled to notice and the mediator, settlement facilitator, or advisory consultant. The order shall not indicate whether the referral was made on a party's request or by the court's own motion. The order may be modified only on subsequent written court order. D. Appointment of mediator, settlement facilitator, or advisory consultant. The court or the parties may choose the mediator, settlement facilitator, or advisory consultant from a list maintained by the court. The parties may present to the court a stipulated motion requesting that any qualified person act as the mediator, settlement facilitator, or advisory consultant. E. Fees. Parties unable to afford the full cost of ADR or of an advisory consultant may request the court assign a mediator, settlement facilitator, or advisory consultant willing to accept reimbursement at an amount set by the court. Parties who receive a mediator, settlement facilitator, or advisory consultant paid out of court funds shall each pay a fee according to the sliding fee scale adopted under these local rules and approved by the Supreme Court. The sliding fee scale shall be posted on the court's website and inside the courthouse. The ADR or advisory consultation shall not commence until the fee owed by each party is paid in full to the clerk of the court. The parties shall be responsible for providing a copy of the receipt of the required court fee to the mediator, settlement facilitator, or advisory consultant before the ADR or the advisory consultation begins. The fee may be waived at the discretion of the court. F. Compensation. The court domestic relations mediation fund may pay up to four (4) hours of ADR or advisory consultation at a court approved hourly rate. If the parties cannot address all matters within four (4) hours of mediation, or the parties need or desire additional consultation beyond four (4) hours, they may petition the court to make further payment to the mediator, settlement facilitator, or advisory consultant or make their own arrangements with the mediator, settlement facilitator, or advisory consultant. The court may require payment of an additional fee in accordance with the sliding fee scale referenced in Paragraph E of this rule. G. Time, place, and attendance. The time and place of the ADR or advisory consultation shall be set by the mediator, settlement facilitator, or advisory consultant. Any party, mediator, or advisory consultant may request an extension of time from the date set for ADR or advisory consultation on motion to the court. ADR or advisory consultation may be cancelled by the parties only on motion and written court order. ADR or advisory consultation may be cancelled by the mediator or advisory consultant by letter to the court. H. ADR results. On partially or fully successful ADR, the mediator or settlement facilitator shall prepare an agreement including a child custody plan when applicable and provide copies to the parties and their attorneys. After every ADR, the mediator or settlement facilitator shall submit a final ADR disposition report and file a certificate of compliance with the court within ten (10) days after the ADR is completed. The ADR disposition report shall state whether any agreement was reached; what issues were addressed; what issues remain unresolved; and suggestions for resolution, provided the mediator meets the confidentiality requirements of the Mediation Procedures Act, Sections 44-7B-1 to -6 NMSA 1978. Copies of the mediation disposition report and certificate of compliance shall be sent to the parties and their attorneys. I. Advisory consultation results. On completion of an advisory consultation, the advisory consultant shall submit to the judge written recommendations and file a certificate of completion within ten (10) days after the consultation is completed. The written recommendations shall contain a brief assessment summarizing the information, including the situations and relationships of family members and suggestions regarding specific plans, general issues, or requested actions. The advisory consultant shall submit a written report which shall contain the basis for the recommendations together with copies of the recommendations and certificate of completion to the parties and their attorneys. J. Payment of mediators, settlement facilitators, and advisory consultants. When presenting an invoice for ADR or advisory consultation services, the invoice must have the following documents attached: (1) a copy of the receipt evidencing the initial total payment of the parties to the clerk of the court; (2) a copy of the order of referral to ADR or advisory consultation; (3) a copy of the final mediation disposition report and a certificate of completion; and (4) an itemized statement of the charges submitted for payment. K. 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.