Local Rule LR9-405. Domestic relations mediation.

[Related Statewide Rule 1-125 NMRA] A. Parties may request. Either party may request the presiding district judge to order the parties to attend mediation. The parties shall exercise self-determination, and the parties shall equally bear the cost of the mediator unless the district court orders otherwise, or orders the parties to participate in the court mediation program as set forth below. B. Court may order; attendance. A district judge may enter a sua sponte order requiring the parties and representatives to attend in person one or more mediations. C. Self-determination. In self-determination, the decision-making authority rests with the mediation parties themselves. Self-determination is the core value of court- connected mediation services. (1) Courts may mandate referral to mediation, but should not require mediation parties to settle. There should be no adverse response by courts to non- settlement by the mediation parties. For that reason, mediation parties should be permitted to opt out of mediation at any time. (2) A mediator should facilitate negotiations between mediation parties and assist them in trying to reach a settlement, but should not have the authority to impose a settlement on the mediation parties or to coerce them into settlement. D. Court's mediation program. Under Section 40-12-5 NMSA 1978, the court mediation program serves as a domestic relations mediation program. The program will provide mediation services to parties in domestic relation cases involving children. The court mediation program shall be administered and services provided by the court's staff attorney and/or contract mediators. E. Case assignment to court's mediation program. Cases will be sent to the court mediation program upon the discretion and order of a district judge. A district judge may enter a sua sponte order requiring the parties to participate in the court mediation program. Additionally, parties may request mediation through the court mediation program at the district judge's discretion. F. Court mediation program fees. In order to implement the court mediation program, the following fees shall be charged: (1) in accordance with Section 40-12-6 NMSA 1978, in addition to fees collected under Section 34-6-40 NMSA 1978 for the docketing of civil cases, the district court clerk shall collect a surcharge of thirty dollars ($30.00) on all new and reopened domestic relations cases; and (2) the parties shall pay a fee to the court's mediation program prior to mediation. These fees are to be set by the Ninth Judicial District Court under governing statute. G. Mediation Fund. Court mediation program fees shall be paid to the Ninth Judicial District Court to be credited to the domestic relations mediation fund. Money deposited in these funds may be used to offset the cost of the court mediation program. H. 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.