Local Rule LR9-601. Civil mediation.

[Related Statutes NMSA 1978, §§ 34-6-44 and -45] A. Parties may request. Either party may request the presiding district judge to order the parties to attend mediation. Parties participating in mediation shall be afforded the opportunity to exercise self-determination. The parties shall equally bear the cost of the mediator, unless the district court orders otherwise. B. Court may order; attendance. A district judge may enter a sua sponte order requiring the parties and representatives or insurance carriers to attend in person one or more mediations. Any party ordered to participate in mediation shall cooperate with all court staff and outside service providers, and any party who fails to do so may be sanctioned or held in contempt of court. C. Non-presiding judge may conduct. If a non-presiding district judge is available and agrees, the parties may conduct a mediation before another district judge. D. Court’s Mediation Program. The Court Mediation Program is established and serves dual purposes. First, pursuant to 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. Second, the Court Mediation Program is an alternative dispute resolution program in accordance with Section 34-6-45 NMSA 1978. The program will provide mediation services to parties in civil cases and other types of cases. 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 pursuant to 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; (2) in accordance with Section 34-6-45 NMSA 1978, in addition to fees collected pursuant to Section 34-6-40 NMSA 1978 for the docketing of civil cases, the district court clerk shall collect a surcharge of fifteen dollars ($15.00) on all new and reopened civil cases except domestic relations cases; and (3) the parties shall pay a fee to the Court Mediation Program prior to mediation. Said fees are to be set by the Ninth Judicial District Court pursuant to statute and shall be paid by the parties in accordance with a sliding fee scale provided by the Ninth Judicial District Court. Fees collected through the Court Mediation Program are to be used to offset the costs of operation of the Program. 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 or alternative dispute resolution fund. Money deposited in these funds may be used to offset the cost of the Court Mediation Program. H. Online Dispute Resolution. When available, parties may be given the opportunity to use court-connected online dispute resolution. 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, are arms of the court and are immune from liability for conduct within the scope of their duties as provided by law.