Local Rule LR7-401. Domestic relations; mediation.

[Related Statewide Rule 1-125 NMRA] A. Purpose. Under Sections 40-12-1 to -6 NMSA 1978, the court has elected to establish and will continue to maintain a domestic relations mediation program. The purpose of this district’s domestic relations mediation program is to assist the court, parents, and other interested parties with the early, efficient and cost effective resolution of child custody matters in the best interests of the children involved in domestic relations cases. B. Administration. These programs shall be administered by a court program director appointed by the court. The court may appoint standing committees of judges, lawyers, and others to provide guidance and assistance. C. Written order required. All referrals to the court’s domestic relations mediation program require the filing of a written court order. 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 domestic relations mediation program, are arms of the court and are immune from liability for conduct within the scope of their duties as provided by law. E. Forms. When available, applicable court forms shall be used. Forms shall be available through the court program director. F. Mediation surcharge. (1) The court executive officer or designee shall collect the statutory mandated surcharge for all new and reopened domestic relations cases in addition to the filing fee, which shall be deposited in the domestic relations mediation fund. (2) The statutory mandated surcharge must be paid when the petition or motion is filed, to be included with the filing fee. A separate check is not required. (3) 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. (4) Costs of the domestic relations mediation program shall be paid by the parties to the action on a sliding fee scale in effect at the time. The current sliding fee scale shall be posted on the court’s website and inside the courthouse. All fees shall be paid to the court executive officer or designee to be credited to the domestic relations mediation fund. The court executive officer or designee shall forward a notice of assessment of costs to the parties on payment of the mediator from the fund. Mediation assessments are to be paid to the court executive officer or designee by attorney firm check, cash, money order, or certified check. No personal checks are to be accepted. (5) The court reserves jurisdiction to reallocate the surcharge and the mediation fees between the parties at the time the matter is resolved by the court.