LR13-402 NMRA
Local Rule LR13-402. Domestic Relations Mediation Act; safe exchange and supervised visitation.
[Related Statewide Rule 1-125 NMRA]
A. Programs established. The district court operates a "safe exchange and
supervised visitation program" and "domestic relations mediation program" in
accordance with the Domestic Relations Mediation Act.
B. Domestic relations mediation fund; deposit and disbursement of fees. The
district court maintains a domestic relations mediation fund for the deposit of all fees
collected under the Domestic Relations Mediation Act, which are used to offset the
costs of operating the court's safe exchange and supervised visitation program and
domestic relations mediation program. Deposits into the domestic relations mediation
fund shall include the following:
(1)
the surcharge authorized under Section 40-12-6 NMSA 1978 on all new
and reopened domestic relations cases; and
(2)
fees paid by the parties for mediation, safe exchange and supervised
visitation services provided under the Domestic Relations Mediation Act.
C. Sliding fee scales. Mediation, safe exchange, and supervised visitation services
provided under the Domestic Relations Mediation Act shall be paid by the parties in
accordance with a sliding fee scale submitted to, and approved by, the Supreme Court.
The current sliding fee scales approved by the Supreme Court shall be posted on the
district court's website and inside the courthouse. Any fees collected from a party under
the sliding fee scale shall be paid to the district court clerk, who shall deposit the fees
into the domestic relations mediation fund.
D. Initiating services; cooperation required. The court may, on request of any
party or on the court's own motion, order the parties to participate in the safe exchange
and supervised visitation program or domestic relations mediation program in
accordance with the requirements in Rule 1-125 NMRA. Any party ordered to participate
in one or both programs shall cooperate with all court staff and outside service providers
designated by the court to operate the programs, and any party who fails to do so may
be sanctioned or held in contempt of 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.