Rule 12-313. Mediation.

A. Mediation conference; scheduling and purpose. The appellate mediation office, under the direct supervision of an appellate mediator, may schedule and conduct mediation conferences in any matter pending before the appellate court. The primary purposes of a mediation conference are to explore settlement and to simplify issues. Matters related to processing of the appeal may also be discussed. B. Participation of counsel and parties. Counsel and self-represented litigants shall participate in every scheduled mediation conference and in related discussions. Generally, a party represented by counsel may participate but need not unless required by the appellate mediator. Conferences are conducted in person or as directed by the appellate mediation office. C. Preparation of counsel for mediation conference; settlement authority. In preparing for the initial conference, counsel shall consult with their clients and obtain as much authority as feasible to settle the case and to agree on case management matters. These obligations continue through the mediation process. D. Confidentiality. Statements made during a mediation conference and in related discussions are confidential and shall not be disclosed to any court by the appellate mediation office, counsel, or the parties. See Rule 11-408 NMRA. The appellate mediator shall not communicate anything to the other side that was revealed in a private discussion without authorization from counsel or the party. The proceedings shall not be recorded by counsel or the parties. Judges and justices, their law clerks, court staff attorneys, and administrative court personnel shall not have access to information related to settlement that is generated by the activities of the appellate mediation office. E. Conference order; mediator authority. The appellate mediator may cause an order to be entered controlling the course of the mediation proceedings. All conference orders and other directives from the appellate mediation office shall be treated as any other court directive. F. Extensions. The time allowed by Rule 12-208 NMRA for filing a docketing statement, by Rule 12-211 NMRA for causing a transcript to be filed, by Rule 12-212 NMRA for designating exhibits and depositions, and by Rules 12-210 and 12-318 NMRA for filing briefs and memoranda is not automatically tolled pending a mediation conference, but the appellate mediator has authority to grant extensions of time, either sua sponte or on request. If no extension order is granted, the applicable time limits continue to run. G. Request for mediation conference. Counsel, a self-represented litigant, or any appellate court judge or justice working on a case may request a mediation conference by contacting the appellate mediation office. All requests shall be kept confidential. The appellate mediator shall determine whether a conference will be held. H. Sanctions. The appellate court may impose sanctions if counsel or a party fails to comply with the procedures set forth in this rule or an order entered under this rule.