Local Rule LR2-401. Court clinic mediation program and other services for child-related disputes.

[Related Statewide Rule 1-125 NMRA] A. Mediation program established. Under Sections 40-12-1 to -6 NMSA 1978, the second judicial district elected to establish and will continue to maintain a domestic relations mediation program to assist the court, parents, and other interested parties to determine the best interests of children involved in domestic relations cases. The program shall be administered and services provided by the second judicial district court clinic. B. Referrals. In cases involving a dispute over any child related issues, other than child support, the parties may stipulate to or the court may order, for good cause shown, the parties to participate in confidential mediation in the court clinic. In the alternative or in addition to an order for mediation, the court may order that the parties submit to other court clinic services including but not limited to advisory consultation, priority consultation, evaluation, and decision-making. Except for initial mediations the court will not order court clinic services simply on stipulation of the parties, and shall require a showing of good cause. C. Submission of order. The order shall be in the form set forth in LR2-Form 709 NMRA (Court clinic referral order). The court clinic shall not conduct services without a court clinic referral order. D. 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 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 court clinic services provided under the Domestic Relations Mediation Act. E. Sliding fee scales. Court clinic 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 in accordance with the requirements of Rule 1-125(I) NMRA. 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 owed by a party under the sliding fee scale shall be paid by the party to the district court clerk, who shall deposit the fees into the domestic relations mediation fund. (1) The parties shall pay all assessed fees before any services are provided. The court may waive fees for good cause shown. (2) Fees owed for an advisory consultation must be paid prior to the service being scheduled. Fees owed for priority consultations must be paid on the day of the appointment. F. Scheduling services. Parties shall receive notification of their appointment with the court clinic either in a court order or by letter from the court clinic. All parties are required to attend an orientation with the court clinic prior to the scheduled service. G. Clinic services and requested hearings. (1) Request for hearing. In any case in which a court clinic referral order has been filed, the clinic may request a hearing or status conference by filing a request for hearing in the manner set forth in LR2-119 NMRA. The clinic shall mail or deliver a copy of the request to all parties entitled to notice. (2) Noncompliance. The court clinic shall notify the court when a party fails to show for a scheduled appointment. (3) Priority consultations. The court may order assessment results in the form of oral testimony rather than a written report. Priority consultations with recommendations provided in oral testimony are called "scheduled consultations" and assessments with recommendations provided in written reports are called "priority consultations." Both assessments are conducted the same. H. Modification. Any party may file a motion to modify or supplement the order of referral. The order shall continue in effect while the motion is pending. I. Written materials. All court clinic written materials that are provided to the parties, shall be available on the court’s website and on request. J. Providers as witnesses. Court clinic staff and other persons who have provided services under this rule may be called as witnesses under the New Mexico Rules of Evidence. K. Out-of-district referrals. Parties in out-of-district cases may receive services from the court clinic provided the referral order is signed by both the assigned out-of- district judge and the Second Judicial District presiding domestic relations court judge. As a condition of filing the order, the parties shall pay a thirty dollar ($30.00) fee to the clerk. This filing fee shall be in addition to any service or assessment fees. L. Objections. Any party filing objections to the written recommendations from a priority consultation or an advisory consultation shall also file a request for hearing and notice of hearing. M. 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 mediation program in accordance with the requirements in Rule 1-125 NMRA. Any party ordered to participate in the domestic relations mediation program shall cooperate with all court staff designated by the court to operate the program, and any party who fails to do so may be sanctioned or held in contempt of court. N. 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.