LR7-601 NMRA
Local Rule LR7-601. Civil mediation.
[Related Statutes NMSA 1978, §§ 34-6-44 and -45]
A. Programs established. The district court operates a civil mediation and
settlement facilitation program in accordance with Sections 34-6-44 and -45 NMSA
1978.
B. Civil mediation fund; deposit and disbursement of fees. The district court
maintains a civil mediation fund for the deposit of all fees collected under the program,
which are used to offset the costs of operations. Deposits into the civil mediation fund
shall include the following:
(1)
the surcharge authorized under Section 34-6-45(A) NMSA 1978 on all
new and reopened civil cases; and
(2)
fees paid by the parties for mediation and settlement facilitation services
provided under the program.
C. Sliding fee scales. Mediation and settlement facilitation services provided
under the program shall be paid by the parties in accordance with a sliding fee scale.
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, which shall be deposited into
the civil mediation fund.
D. Initiating services; cooperation required. The court may, upon request of any
party or on the court's own motion, order the parties to participate in the program. Any
party ordered to participate in the program shall cooperate with all court staff and
outside service providers designated by the court to operate the program, and any party
who fails to do so may be sanctioned or held in contempt of court.
E. 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 program, are
arms of the court and are immune from liability for conduct within the scope of their
duties as provided by law.