N.M. ADR Guidelines for Mediation

STATE OF NEW MEXICO

Sandoval County Magistrate Court in Bernalillo

, Plaintiff(s)

v.

, Defendant(s)

No. _______________________

GUIDELINES FOR MEDIATION

1. The role of the mediator(s) is to help the parties develop a satisfactory and realistic resolution to their dispute through communication and problem solving.

2. The mediator does not provide legal services or advice.

3. The mediator is not a judge or arbitrator. The parties are responsible for making their own decisions. No one will be forced to agree to anything they are not comfortable with.

4. Each party must be willing to fully participate in the process (talk and listen).

5. It is the responsibility of each participant to bring up all issues necessary to completely resolve the case (for example: court costs, past and future interest, etc.).

6. Mediation is an informal process. It works best if only the parties involved in the dispute are present during the mediation. Attorneys may attend the mediation session provided they enter their appearance prior to the mediation hearing. All other parties may attend only if their roles are clarified in advance and only if it is acceptable to both parties and the mediators.

7. Mediation is a private and confidential process. The mediator(s) will not reveal what is said in the mediation except (as required by law) to report suspected child or elder abuse or threat of physical harm or damage to property.

8. The parties agree that the mediators will not be called to testify should future judicial proceedings occur in this case. The parties agree not to contact the mediators outside the mediation process.

9. The Court will retain jurisdiction over the case. If no agreement is reached in mediation, the case may be set for trial before the Judge.

10. If an agreement is reached in mediation, a Mediation Settlement Agreement will be prepared and will be signed by the parties. The agreement will be considered a legally binding and enforceable contract, which per Rule of Civil Procedure 3806 shall be signed by the parties and filed with the Court unless the parties decide not to file the Agreement with the Court, in which case each party is responsible for keeping a copy of the Agreement. If an Agreement is signed, the parties will also file a Stipulation of Dismissal of the case with the Court.

11. If the terms of an agreement reached in mediation are not fulfilled, per Rule 3806, the parties understand that the non-breaching party may, within five (5) years of the date on which the Stipulation of Dismissal was filed with the Court, file a Motion for Judgment and Statement of NonCompliance with the Court, together with a copy of the mediated agreement. If such a Motion is filed with the Court, the case will be reopened, and the breaching party has fifteen (15) days to respond to the Motion and request a hearing so the matter can be heard by the Judge. If the breaching party does not respond or request a hearing, the parties agree that the Court may grant appropriate relief, including entering a judgment against the party who breached without holding a hearing.

12. Please note Magistrate Court Judges do not have legal authority to enforce a Mediated Agreement which includes the performance of a service or exchange of items. If a Mediated Agreement includes either one or both of these items and the Mediated Agreement is breached, then the parties agree the Judge may convert the performance of a service or exchange of items into a monetary form and enter a judgment. The parties are encouraged to determine what that amount should be and include that as a part of their Mediated Agreement.

WE AGREE TO THE STATEMENTS LISTED ABOVE:

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Signature Date Signature Date

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Signature Date Signature Date

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Mediator Signature Date Mediator Signature Date