Local Rule LR5-206. Settlement conference.

[Related Statewide Rule 1-016 NMRA] A. Procedure; standards; reporting. Under Rule 1-016 NMRA, a settlement conference may be conducted by a judge of this district who is not assigned to the case and who is acceptable to both parties. A settlement conference will be ordered if the trial judge deems it to be appropriate or after agreement by counsel that a settlement conference may result in a settlement of some or all of the issues in the case. The judge conducting the settlement conference shall determine the details and proceedings involved in the settlement conference. The settlement conference shall be conducted in conformance with recognized standards for alternative dispute resolution and the Model Standards of Conduct for Mediators. At the completion of the conference, the judge, judge pro tem, or lawyer conducting the settlement conference shall report to the judge assigned to the case only whether the case settled or not. At any time before the mediation, on a party’s motion or the court’s own motion, the court may deny or cancel the referral to mediation. B. Position statements. The initial step following the entry of a settlement conference order prior to the actual mediation will be submission by both parties to the judge hearing the settlement conference of short confidential written statements of fact with the applicable law supporting those contentions from each side. This submission should be a statement of what the lawsuit is about and why each side believes it should prevail. The statement should clearly set out the issues to be determined by the jury, e.g. liability (including statement of facts), damages (medical expenses, etc.). The statements should contain frank and realistic appraisals of the strengths and weaknesses of both positions, and the settlement value of the lawsuit. This may be a statement of a range or other requested relief. The statement shall also include the parties’ last offer of settlement. C. Appearances required. When the settlement conference is held, each party, together with the party’s attorney and a person with settlement authority, shall appear personally or by telephone as directed by the settlement judge.