Local Rule LR4-401. Safe exchange and supervised visitation, and domestic relations mediation.

[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 services and safe exchange and supervised visitation services provided under the Domestic Relations Mediation Act. C. Sliding fee scales. Mediation services and 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. Mediation surcharge. Under Section 40-12-6 NMSA 1978, in addition to the filing fee required by Section 34-6-40 NMSA 1978, a thirty dollar ($30.00) surcharge will be collected by the district court clerk for all new and reopened domestic relations cases. All surcharges shall be deposited by the district court clerk in the domestic relations mediation fund. E. 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 program(s), and any party who fails to do so may be sanctioned or held in contempt of court. F. 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. [LR4-702 recompiled and amended as LR4-401 by Supreme Court Order No. 16-8300- 015, effective for all cases pending or filed on or after December 31, 2016; as amended by Supreme Court Order No. 18-8300-006, effective for all cases pending or filed on or after September 1, 2018.]