N.M. 3rd Jud. Dist. Domestic Mediation Local Rules

1-125. Domestic Relations Mediation Act programs.

A. Applicability. This rule shall apply only to domestic relations proceedings which

involve custody, periods of parental responsibility or visitation of minor children pending in a

judicial district that has established a domestic relations mediation program, safe exchange

program, or supervised visitation program pursuant to the Domestic Relations Mediation Act.

This rule shall not apply to referrals to private programs by stipulation of the parties or preclude a

court from operating a program for no fee.

B. Referral by court. If the parties to a domestic relations action involving minor

children have not filed a parenting plan pursuant to Section 40-4-9.1 NMSA 1978, unless binding

arbitration is pending pursuant to Section 40-4-7.2 NMSA 1978, the court may order the parties

to:

(1) attend a general information session;

(2) meet with a counselor designated by the court;

(3) participate in mediation;

(4) participate in priority consultation pursuant to this rule; or

(5) participate in advisory consultation pursuant to this rule.

C. Mediation; parenting plan. If the court orders the parties to participate in

mediation, if the mediation is successful, the counselor or mediator shall prepare a parenting plan

which shall be submitted to the parties and their respective counsel for approval. When the

parenting plan has been signed it shall be submitted to the court for approval together with an

order approving it.

D. Priority consultation. The court may refer the parties to a priority consultation

pursuant to the Domestic Relations Mediation Act. Upon conclusion of a priority consultation,

the consultant shall prepare written recommendations to the court which shall be filed with the

court and served on the parties. If a party does not agree with the recommendations, within

eleven (11) days of the filing of the priority consultation recommendations, the party shall file a

motion specifically describing the reasons for the party's objections to the recommendations. The

party's objections shall be served on all other parties. The opposing party may file a written

response within eleven (11) days after the date of service of the objections. No reply may be

filed. If no objections are filed within eleven (11) days after service of the recommendations, an

order adopting the recommendations shall be entered.

E. Advisory consultations. The court may enter an order requiring the parties to

submit to an advisory consultation. The order shall be substantially in the form approved by the

Supreme Court. At the conclusion of an advisory consultation a report shall be prepared and

served on each party.

The person preparing the report shall also prepare and file with the court written

recommendations. The written recommendations filed with the court shall not contain the basis

for the recommendations.

If a party does not agree with the recommendations, within eleven (11) days of the filing

of the advisory consultation recommendations, the party shall file a motion specifically

describing the reasons for party's objections to the recommendations. The party's objections shall

be served on all other parties. The opposing party may file a written response within eleven (11)

days after service of the objections. No reply may be filed. If no objections are filed within

eleven (11) days after service of the recommendations, an order adopting the recommendations

shall be entered.

F. Confidentiality. All communications made by any person who participates in

mediation proceedings pursuant to this rule are confidential except that there is no protection for

information derived from such communications which a participant is required by law to report

to a law enforcement officer or state agency. The Mediation Procedures Act, Sections 44-7B-1 to

44-7B-6 NMSA 1978, shall apply to proceedings commenced under this rule.

G. Conduct in domestic relations mediation programs. The parties to a domestic

relations mediation proceeding commenced under this rule are expected to participate in good

faith, but sanctions shall not be imposed for failure to settle or compromise any claim or defense.

H. Safe exchange or supervised visitation programs. The court may establish a

safe exchange program or supervised visitation program under Section 40-12-5.1 NMSA 1978.

The court may order the parties to use the services of a safe exchange program or supervised

visitation program when the court determines that the child’s best interest will be served by

avoiding contact or confrontation between the parents during exchanges of custody or by

providing supervised contact between a parent and the child.

I. Sliding fee scales.

(1.) Any party who is ordered to participate in a domestic relations mediation

program, safe exchange program, or supervised visitation program under this rule shall pay a fee

in accordance with a sliding fee scale under Section 40-12-5 NMSA 1978 or Section 40-12-5.1

NMSA 1978. Any fees payable under this rule may be reallocated between the parties in the

district court’s discretion as appropriate. If a district court elects to operate a domestic relations

mediation program, safe exchange program, or supervised visitation program under this rule,

either in-house with court staff or by contracting with an outside service provider, the court shall

submit a proposed sliding fee scale to the Supreme Court for its approval. Nothing in this rule

shall preclude a court from operating a program for no charge.

(2.) When submitting a proposed sliding fee scale for the Supreme Court’s

consideration, the district court shall do the following:

(a) provide the Supreme Court with detailed information regarding the

costs incurred by the district court for operating an in-house program or contracting with an

outsider service provider to provide services under this rule;

(b) explain how the district court arrived at the cost it proposes to

charge each party receiving services from the domestic relations mediation program, safe

exchange program, or supervised visitation program;

(c) submit a separate sliding fee scale for each type of program

services the court elects to provide under Paragraphs C, D, E, or H of this rule;

(d) structure the proposed sliding fee scale based on the party’s gross

income and proportionate ability to pay; and

(e) if the Supreme Court approves the proposed sliding fee scale, the

district court shall post the sliding fee scale in the courthouse and on the court’s web site.

[Approved, effective November 1, 2000 until November 1, 2001; approved, effective November

1, 2001; as amended by Supreme Court Order No. 09-8300-013; effective May 18, 2009; by

Supreme Court Order No. 10-8300-038, effective December 31, 2010; by Supreme Court Order

No. 12-8300-029, effective for all cases filed or pending on or after January 7, 2013.]

Committee commentary. – The committee is aware that some judicial districts have

non-disclosure and confidentiality local rules. The committee does not believe that this is a

matter for local district court rules. Any local rules and forms containing good faith participation

requirements shall conform to the provisions of this rule. The committee takes no position on

how individual courts may choose to administer the collection of fees payable under rule.

[Adopted by Supreme Court Order No. 10-8300-038, effective December 31, 2010; as amended

by Supreme Court Order No. 12-8300-029, effective for all cases filed or pending on or after

January 7, 2013.]