N.M. Sup. Ct. Order No. 20-8500-036

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 1

September 2, 2020 2

NO. 20-8500-036 3

IN THE MATTER OF THE EXPANSION 4

OF THE ONLINE DISPUTE RESOLUTION 5

PILOT PROJECT FOR NEW MEXICO STATE COURTS 6

ORDER 7

WHEREAS, this Court authorized the implementation of an online dispute 8

resolution pilot project (ODR Pilot Project) on June 3, 2019, under Order No. 19-9

8500-009, which was expanded in September 2019 to a statewide pilot project; 10

WHEREAS, this matter having come before the Court upon recommendation 11

of the Administrative Office of the Courts to expand the ODR Pilot Project to include 12

certain landlord-tenant cases and to amend the procedures governing the ODR Pilot 13

Project, and the Court having considered the recommendation and being sufficiently 14

advised, Chief Justice Michael E. Vigil, Justice Barbara J. Vigil, Justice Judith K. 15

Nakamura, Justice C. Shannon Bacon, and Justice David K. Thomson concurring; 16

NOW, THEREFORE, IT IS ORDERED that the Administrative Office of the 17

Courts (AOC) is authorized and directed to expand the ODR Pilot Project in 18

coordination and consultation with all district, metropolitan, and magistrate courts 19

in accordance with the terms of this order: 20

IT IS FURTHER ORDERED that the dispute resolution services for the ODR 1

Pilot Project shall continue to be made available thro ugh the Modria Program 2

provided by Tyler Technologies and operated by AOC; 3

IT IS FURTHER ORDERED that AOC shall continue to appoint and certify 4

mediators in writing to serve as online dispute resolution mediators for the ODR 5

Pilot Project, who shall serve as arms of the court; 6

IT IS FURTHER ORDERED that the ODR Pilot Project shall operate in 7

accordance with the following requirements: 8

1. The ODR Pilot Project shall apply to civil cases filed in the district courts 9

under the contract/debt and m oney due case type, to civil cases filed in the 10

metropolitan and magistrate court under the general civil case type alleging a 11

cause of action for debt and money due, and to landlord/tenant cases in all 12

courts involving collection of money due that are referred to the ODR Pilot 13

Project by the district, metropolitan, or magistrate court in which they are 14

filed; 15

2. Referral to the ODR Pilot Project is mandatory for all contract/debt and 16

money due cases in which a complaint is filed and validly served upon a 17

defendant and that are filed in a district, metropolitan, or magistrate court 18

during the term of the ODR Pilot Project. After a complaint is filed, the court 19

where the case is filed shall issue a summons that includes notice to the 20

defendant that they have been referred to participate in ODR and that provides 21

instructions for beginning the ODR process. The plaintiff shall participate in 22

ODR unless the defendant does not participate or opts out. Any party to the 23

case may choose to initiate ODR before filing an answer or other responsive 24

pleading. If ODR is not initiated by a ny party before the defendant files an 25

answer, ODR shall be initiated upon the filing of an answer to the complaint; 26

3. The complaint filed in an applicable case shall include the plaintiff’s email 27

address and mobile phone number and, if known, the defendant’s email 28

address and mobile phone number, and every party to an applicable case shall 29

obtain and provide an email address and mobile phone number to the court no 30

later than four (4) busine ss days after the filing of the answer or other 1

responsive pleading. The court shall make reasonable efforts with available 2

contact information to ensure each party’s compliance with this requirement; 3

4. If the parties enter into a settlement agreement through the ODR Pilot 4

Program, the settlement agreement shall be reduced to writing and signed by 5

the parties. No settlement agreement under the ODR Pilot Project shall 6

include an interest rate provision among its terms that is greater than one 7

percent (1%) of the federal discount rate. After the settlement agreement has 8

been reduced to writing and signed, the par ties’ stipulation of dismissal and 9

settlement agreement shall be filed by the Modria Program with the court; 10

5. If the parties have entered into a settlement agreement and have filed a 11

stipulation of dismissal, the court shall close the case but shall retain 12

jurisdiction to reopen the case at a later date, as provided by law, to enter such 13

orders and judgments as may be appropriate to enforce the settlement 14

agreement and to grant such other relief as the court deems just and proper; 15

6. If the parties do not enter into a settl ement agreement through the ODR 16

Pilot Program within the thirty (30) days allotted for ODR or within any 17

extension granted by the court, or when the parties end their participation in 18

ODR, the court shall allow the defendant an additional fifteen (15) days to file 19

an answer if an answer has not been previously filed. After an answer is filed, 20

and the parties have concluded their participation in ODR, the court shall 21

schedule a date for trial or other hearing, or take such other action, as the court 22

deems appropriate under the circumstances; 23

7. Further proceedings in a case r eferred to ODR Pilot Program shall be 24

suspended pending the outcome of the ODR process. No par ty shall file any 25

dispositive pleadings during this period nor shall the court act upon any 26

dispositive pleading during this period; and 27

8. All applicable Supreme Court rules, including any local rules for each court, 28

the Mediation Procedures Act, and othe r applicable laws shall apply to all 29

cases referred to the ODR Pilot Project in a manner that is consistent with the 30

terms of this order; 31

IT IS FURTHER ORDERED that AOC shall provide periodic updates to the 32

Supreme Court with regard to the operation of the ODR Pilot Project that include an 33

1 assessment of the effectiveness of the ODR Pilot Project and any recommendations

2 for the continued use of online dispute resolution services in New Mexico state

3 courts; and

4 IT IS FURTHER ORDERED that the ODR Pilot Project shall continue until

5 further order of the Court.

6 IT IS SO ORDERED.

WITNESS, the Honorable Michael E. Vigil, Chief

Justice of the Supreme Court of the State of New

Mexico, and the seal of said Court this 2nd day of

September, 2020.