Local Rule LR13-602. ADR in civil matters.

[Related statutes NMSA 1978, §§ 34-6-44 and -45] A. Scope. The court may, under Rule 1-016 NMRA, refer cases to ADR conducted by court-appointed mediators or settlement facilitators throughout the year and during periodic "settlement weeks" as scheduled by the court. B. Application. This rule applies to civil cases as determined by the court. C. Referrals. Any party at any time may file a motion requesting referral to ADR. At the discretion of the court, the court may order the parties to participate in ADR. D. Referral order. The court shall complete and file an order referring the parties to ADR, appointing a mediator or settlement facilitator, setting the time period in which the ADR shall take place, and mail or deliver endorsed copies of the order to all parties entitled to notice and the settlement facilitator or mediator. 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. E. Assignment of mediator or settlement facilitator. The court or the parties may choose the mediator or settlement facilitator from a list of mediators and settlement facilitators maintained by the court. The parties may present to the court a stipulated motion requesting that any qualified person act as the mediator or settlement facilitator. F. Time, place, and deadline for mediation or settlement facilitation. The time and place of ADR shall be set by the mediator or settlement facilitator within the timeline ordered by the court. Any party or the mediator or settlement facilitator may request an extension of the deadline on motion to the court. G. Attendance. Each counsel of record shall attend in person and shall ensure the attendance of all persons who have full and final settlement authority at the entire settlement conference. Other persons not of record may attend on agreement of all parties of record. On motion of any party or on its own motion, the court may impose sanctions for failure to attend the settlement conference or have present all necessary persons, except on a showing of good cause. On motion of any party or on its own motion, the court may impose sanctions for failure to participate in good faith. H. ADR case information. At least ten (10) days prior to ADR, all parties shall provide the mediator or settlement facilitator with the information listed below. This information shall not be filed with the court or in any way be made part of the court record, nor shall the mediator or settlement facilitator reveal any of the information submitted to the opposing party. On motion of any party or on its own motion, the court may impose sanctions for failure to provide the required information to the mediator or settlement facilitator. The required information that shall be submitted to the mediator or settlement facilitator is (1) the case caption, number, and assigned judge; (2) the status of the party submitting the information, such as plaintiff, defendant, third party defendant, etc.; (3) a brief description of the case (in domestic relations matters include the date of marriage, whether a final decree was issued, occupations, current annual income of the parties, and the names and ages of children); (4) a description of the relief sought; (5) a list of pending factual issues; (6) a list of pending legal issues; (7) a list of al1 remaining discovery; (8) a list of any pending dispositive motions; (9) an estimate of costs and attorney fees through trial; (I0) the trial date and other important dates; and (11) any other information requested by the mediator or settlement facilitator. I. Cancelling ADR. ADR may be cancelled by the parties only on motion and written court order. ADR may be cancelled by the mediator or settlement facilitator by letter to the court. J. Compensation to mediators and settlement facilitators. The court may order the parties to pay reasonable compensation to the mediator or settlement facilitator. Mediators and settlement facilitators may be compensated in one of the following ways: (1) Parties unable to afford the full cost of ADR may request the court assign a mediator or settlement facilitator willing to accept reimbursement at an amount set by the court. Parties who receive a mediator or settlement facilitator 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. ADR 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 or settlement facilitator before ADR begins. The fee may be waived at the discretion of the court. (2) The parties may select a mediator or settlement facilitator and negotiate a fee that shall be shared among the parties. K. ADR reporting. On partially or fully successful mediation or settlement facilitation, the mediator or settlement facilitator shall assist the parties with preparation of any agreement, if requested, and provide copies to the parties and their attorneys. After every mediation and settlement facilitation, the mediator or settlement facilitator shall file a certificate of compliance with the ADR order with the court within ten (10) days after ADR is completed. Copies of the certificate shall be sent to the parties and their attorneys.