Local Rule LR3-401. Domestic relations mediation and safe exchange and supervised visitation programs.

[Related Statewide Rule 1-125 NMRA and related Statutes NMSA 1978, §§ 40-12-1 to -6] A. Mediation evaluation. All domestic relations actions, whether new or reopened, that involve a dispute over custody, periods of parental responsibility, or visitation of minor children shall be subject to mediation or evaluation of the contested custody, parental responsibility, and visitation issues and will be governed by the procedures of the domestic relations mediation program. B. Programs established. In accordance with the Domestic Relations Mediation Act, the Third Judicial District Court has established a domestic relations mediation program, as well as a safe exchange and supervised visitation program, to assist the court, parents, and other interested parties in determining the best interests of children involved in domestic relations cases. C. Domestic relations mediation fund; deposit and disbursement of fees. The 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 and safe exchange and supervised visitation 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. (a) The statutory mandated surcharge must be paid when the petition or motion is filed, together with the filing fee. A separate check is not required. (b) If a required filing fee or surcharge is not paid, the case will be closed without disposition of the pending matter until payment is made. (2) Fees paid by the parties for mediation services and safe exchange and supervised visitation services provided under the Domestic Relations Mediation Act. Fees incurred for the services listed above shall be paid by the parties to the court clerk as directed by court order, under a sliding fee scale 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 this court’s website and inside the courthouse. D. 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.