Local Rule LR6-601. Court-annexed alternative dispute resolution program for civil cases.

[Related Statutes NMSA 1978, §§ 34-6-44 and -45] A. Application. This rule applies to civil cases as determined by the court. Mediation of domestic relations cases is covered by Rule LR6-401 NMRA. B. Scope. The purpose of this district’s court-annexed alternative dispute resolution program is the early, fair, efficient, cost-effective, and informal resolution of disputes. Nothing in the rules governing this program shall be construed to discourage or prohibit parties from stipulating to private alternative dispute resolution. The failure of the court- annexed alternative dispute resolution program to produce a settlement will not adversely affect the parties’ treatment by the court. C. Administration. The program shall be administered by the court’s staff attorney. D. Order required. All referrals to the program require the filing of a written court order. E. Limitation. The number of cases referred to the program shall necessarily be limited due to availability to provide alternative dispute resolution services under court- appointment, and the sufficiency of court resources to administer the program. F. Alternative dispute resolution surcharge. Under Section 34-6-45 NMSA 1978, the district court clerk shall collect a fifteen dollar ($15.00) surcharge for all new and reopened cases except domestic relations cases, which are charged a surcharge under Rule LR6-401. The surcharge shall be in addition to the civil filing fee required under Section 34-6-40 NMSA 1978 for new and reopened cases. See Rule 1-099 NMRA for the definition of reopened cases. The district court clerk shall deposit all surcharges collected under this local rule in the alternative dispute resolution fund. G. Civil mediation fees. Each party shall pay a fee to the district court clerk’s office to offset the costs of the alternative dispute resolution program before mediation has begun. Each party shall fill out a financial information sheet with supporting income documentation and the court shall determine by using the sliding scale fee approved by the Supreme Court. H. Immunity. Court appointed mediators or the staff attorney appointed by the court to serve as settlement facilitators, arbitrators, mediators, or in other such roles under the rules governing this district’s court-annexed alternative dispute resolution program, are appointed to serve as arms of the court and as such are immune from liability for conduct within the scope of their appointment as provided by law. I. Forms. When available, applicable court forms shall be used. Forms shall be available to the public on the court’s website and at the district court clerk’s office.