N.M. 2nd Jud. Dist. Local Court Rule (LR2-602)

LR2-602. Settlement facilitation program.

A. Scope. The court may, pursuant to Rule 1-016 NMRA, refer cases to settlement conferences

conducted by court-appointed settlement facilitators on an ad hoc ba sis throughout the year and during

periodic "settlement weeks" scheduled by the court. The court will generally hold a "settlement week" during

September every year.

B. Application. This rule applies to civil cases, whether jury or non-jury, except for cases within the

following categories:

Appeals

Extraordinary writs

Court-annexed arbitration program, pending cases

Adoption

Commitment

Conservatorship

Guardianship

Student Loan

Election

Tax

This rule does not apply to disputes where a law suit has not yet been filed.

C. Referral upon request. Any party at any time may request referral to a settleme nt conference by

motion or letter directed to the assigned judge. The letter m ay be ex parte. The letter should include the

following:

(1) Case number and caption;

(2) Estimated time required for conference;

(3) Whether other parties know request is being made;

(4) Whether other parties agree conference is appropriate;

(5) Brief list of pending issues;

(6) Type of facilitator or facilitator team preferred, e.g., judge, attorney, psychologist or other

professional, judge/attorney, judge/psychologist, attorney/psychologist, attorney/attorney; and

(7) Names of all parties entitled to notice and any other pe rsons who should be present at the

conference, along with law firm, address, telephone number and capacity, e.g., attorney for petitioner, witness

for respondent.

The assigned judge will determine whether to grant the request for referral. The assigned judge may

refuse to grant a request even if all parties agree to a settlement conference.

D. Referral upon judge's own motion. The assigned judge at any time and without agreement of the

parties may refer a case to a settlement conference.

E. Referral order. In all cases to be referred, whether upon party's request or judge's motion, the court

will complete and file an order requiring a settlement confere nce, appointing a settlement facilitator or

facilitators, and setting a deadline for the conference, and wi ll mail or deliver endorsed copies to the

facilitator(s) and all parties entitled to notice. The orde r shall not indicate whether the referral was made

upon a party's request or the judge's motion. The order may be modified onl y by subsequent written court

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order.

F. Time, place and deadline for settlement conference. Unless set by the referral order, the time(s)

and place(s) of the settlement conference shall be set by the s ettlement facilitator(s) within a deadline set by

the court. Any party or facilitator may request an extension of the deadline by motion directed to the

assigned judge.

G. Attendance. The following shall attend and be present in person during the entir e conference: each

party of record including parties represented by counsel; each couns el of record who will be trying the case;

and, for each party, the person or persons with complete authority to settle the case including but not limited

to insurance company representatives and guardians ad litem. This provision may be waived only by written

order of the assigned judge. The court may refuse to grant a motion to waive attendance even if all parties

agree to the motion. Upon motion of any party or its own motion, the court shall impose sanctions for failure

to attend the settlement conference or have present all necessa ry parties or their representatives with

settlement authority, except upon a showing of good cause.

H. Settlement conference information. At least five (5) days prior to the conference, all parties sha ll

provide the facilitator(s) with the information listed below. This information shall not be filed with the court

nor in any way be made part of the court record, and at the providing party's disc retion, need not be produced

to other parties. Upon motion of any party or its own motion, the c ourt may impose sanctions for failure to

provide the information to the facilitator(s).

(1) Case number and caption;

(2) Brief description of the case; in domestic relations cas es include date of marriage, separation and

divorce, names, ages, occupations and current annual incomes of parties, and names and ages of children;

(3) Description of the relief sought;

(4) List of pending factual issues;

(5) List of pending legal issues;

(6) List of all remaining discovery;

(7) List of any pending dispositive motions;

(8) Estimate of costs and attorney fees through trial;

(9) The last offer made to other parties; and

(10) Copies of case law, statutes, pleadings, exhibits, orders a nd any other information which would

be helpful to the facilitator(s).

I. Good faith participation. Parties shall participate in good faith in settlement confer ences. Good

faith participation includes but is not limited to sufficiently preparing for the conference and engaging in

meaningful negotiations during the conference. Upon motion of any party or its own motion, the court may

award attorney fees and costs for failure to participate in good faith.

J. Cancelling conferences. Settlement conferences may be cancelled only by written court order. By

motion, any party may request that a settlement conference be ca ncelled. By letter to the assigned judge, the

facilitator may request that a conference be cancelled.

K. Choice of settlement facilitator. The court will choose the settlement facilitator from a list of

facilitators maintained by the court. The court will consider any recommendations made by the parties. The

parties may present to the assigned judge a stipulated order appointing any licensed attorney or other

qualified person as facilitator. Judges shall not act as facilitators in their own cases.

L. Replacement of settlement facilitator. By letter to the assigned judge with a copy to all parties a nd

facilitators, any party or facilitator may request that the facilitator be replaced. The party or the facilitator

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requesting replacement need not provide an explanation. Upon approval of the assigned judge, the facilitator

will be replaced; the court will choose the replacement facilit ator from the court's list and will complete and

file an amended referral order and mail or deliver endorsed copi es to all parties entitled to notice; or, the

parties may present to the assigned judge a stipulated order appointing any licensed attorney or other

qualified person.

M. Compensation to settlement facilitator. Compensation shall not be required for any settlement

facilitator for a settlement conference conducted as part of a settlement week. The court may order the

parties to pay reasonable compensation to the facilitator for a settlement conference not conducted as part of

a settlement week. Judges shall not receive compensation for serving as settlement facilitators.

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