Local Rule LR5-401. Safe exchange and supervised visitation; domestic relations mediation.

[Related Statewide Rule 1-125 NMRA] A. Programs established. The district court establishes a "safe exchange and supervised visitation" program and a 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 domestic relations mediation and safe exchange and supervised visitation services provided under the Domestic Relations Mediation Act. C. Payments from domestic relations mediation fund. (1) Domestic relations mediation fees. Mediators shall be paid seventy-five dollars ($75.00) per hour, not to exceed three hundred seventy-five dollars ($375.00) (five hours) plus gross receipts tax. The court may order additional mediation not to exceed two additional hours. The court may order additional mediation or counseling on showing of good cause. (2) Other. Money in the fund may be used to offset the cost of operating the domestic relations mediation program on written order of the chief judge. D. Sliding fee scales. Mediation 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. Any fees assessed shall be paid by the parties based on their ability to pay using the Supreme Court approved sliding fee scale in effect at the time. E. No refunds. No fees collected by the clerk will be refunded except in instances where a fee was mistakenly paid at the direction of the clerk. F. Method of payment. Fees are to be paid to the clerk by cash, money order, certified check, or attorney firm check. No personal checks shall be accepted. G. 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. H. Contact with mediator. When a case has been ordered to mediation by the court, neither attorney shall individually contact the mediator regarding the case, except as requested by the mediator, or attempt to influence the outcome of the mediation. I. 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.