Overview

Mediation is a process in which the parties in a dispute attempt to work out an agreement that will be a workable solution for all parties involved in the matter.

The mediation is conducted by a trained and experienced mediator who will help the parties identify and clarify the issues and goals of the parties so that a workable agreement may be reached. The mediator can assist as a neutral party and help the parties attempt to work out a lasting solution for the dispute.

Mediation is available in all counties for the 7th Judicial District Court. Any of the District Court Judges or Hearing officers for the Court can order mediation.

In Domestic Relations cases the parties may request mediation by filling out and submitting Form 4A-205 NMRA, which can be downloaded from this website.

How It Works

  1. The parties may request a Referral to Mediation or may be referred by a presiding Judge or Hearing Officer.
  2. Once an Order Appointing a Mediator or an Order for Mediation, (Order), is filed, the parties and/or their legal counsel will submit descriptions of the issues to the mediator prior to sitting down with the mediator. A questionnaire is available that the parties can download and fill out information about the issue(s) and then submit the questionnaire to the court clerks to give to the mediator. The parties, or their legal counsel, need to contact the mediator within ten (10) business days of the date the Order is filed.
  3. Each party must pay $25.00 to the Court prior to the mediation. A mediation session will then be scheduled. If the parties do not pay the $25.00 fee within 60 days of the Order being signed by the Judge a hearing will be set for the parties to explain the delay.
  4. Each party and their legal counsel must sign a confidentiality agreement for the mediation.
  5. At the end of the mediation, a report will be drafted and submitted to the case Judge by the mediator. The report will explain any agreements that were reached and any issues that remain unresolved. Any agreements that are reached will be drafted and will contain the specifics of the terms of the agreement.
  6. The parties will be responsible for getting any agreements incorporated into any Final Orders for the case. It is then an enforceable contract between the parties.
  7. If no agreement is reached the parties may request a hearing on the unresolved issues.

For more information contact Gordon Bennett, Staff Attorney, at 505-384-2974