New Mexico
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in New Mexico. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in New Mexico can be found in RSI’s Research Library and in Reports below.
State Legislation
- New Mexico Statute 35-2-7: Magistrate courts; authority to conduct a mediation program; training
- New Mexico Statute 40-4-7.2: Binding arbitration option; procedure
- New Mexico Statute 40-4-8: Contested custody; appointment of guardian ad litem
- New Mexico Statute 40-4-9.1: Joint custody; standards for determination; parenting plan
- New Mexico Statute 40-9: Grandparent's Visitation Privileges
- New Mexico Statute 40-12: Domestic Relations Mediation
- New Mexico Statute 44-7B: Mediation Procedures Act
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
New Mexico Statute 40-12: Domestic Relations Mediation
New Mexico Legislature . Jan. 1, 2019Resource Type: Legislation
Abstract: In addition to consultation and evaluation services, this article authorizes the court to provide mediation services for domestic relations cases. The article also instructs each judicial district with a mediation program to create a domestic relatio...
New Mexico Statute 40-9: Grandparent's Visitation Privileges
New Mexico Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: In domestic relations cases where the grandparent's visitation privileges are an issue, this statute authorizes the court to refer the parties to mediation. ...
New Mexico Statute 40-4-8: Contested custody; appointment of guardian ad litem
New Mexico Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute permits the court to refer child custody disputes to mediation. Cases in which domestic violence or child abuse has occurred will be exempt from mediation, unless the alleged victim requests mediation, or the following three conditions a...
New Mexico Statute 35-2-7: Magistrate courts; authority to conduct a mediation program; training
New Mexico Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute allows the administrative office of the courts to authorize probate judges to conduct mediation programs in magistrate courts, if the judges are certified by the judicial district in which the mediation program will take place. ...
New Mexico Statute 40-4-9.1: Joint custody; standards for determination; parenting plan
New Mexico Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: After joint custody has been awarded in a divorce case, this statute allows the court to refer to mediation disputes between the parents regarding decisions that will have a major effect on a child's life. ...
New Mexico Statute 40-4-7.2: Binding arbitration option; procedure
New Mexico Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: Upon agreement of the parties, this statute authorizes the court to refer to arbitration cases regarding divorce, separation, custody or time-sharing, child support, spousal support, marital property and debt division, or attorney fees. The statute a...
New Mexico Statute 44-7B: Mediation Procedures Act
State of New Mexico. Jan. 1, 2019Resource Type: Legislation
Abstract: This article applies to "all mediators, nonparty participants, mediation parties and a mediation in which" parties are either required by law or referred by a court to mediate, or if there is an agreement between the parties and the mediator to media...
Rules
New Mexico Rules of Civil Procedure for the District Courts Rule 1-124: Child Custody; Parenting Plans; Binding Arbitration
Supreme Court of New Mexico. Jan. 1, 2019Resource Type: Rules - Court
Abstract: If a domestic relations proceeding involves custody or visitation of minor children, the parties shall attempt to agree upon and file a joint parenting plan. If they have not done so, the parties may agree to undergo binding arbitration. If the parti...
New Mexico Rules of Civil Procedure for the District Courts Rule 1-125: Domestic Relations Mediation Act Programs
Supreme Court of New Mexico. Jan. 1, 2019Resource Type: Rules - Court
Abstract: Under this rule, if in a domestic relations proceeding involving custody, periods of parental responsibility, or visitation of minor children, the parties have not filed a parenting plan or undergone binding arbitration, the court may order the parti...
New Mexico Children's Court Mediator Qualifications
New Mexico Children's Court Mediation Program. Jan. 1, 2010Resource Type: Rules - Court
Abstract: Mediators must have a minimum of 56 hours of mediation training, including 40 hours of basic mediation plus 16 hours of specialized training in mediating child abuse and neglect cases. Additional qualifications include family mediation training or ex...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Advancing Alternative Dispute Resolution in the New Mexico Judiciary
Griller, Gordon; Savage, Cynthia; Kelly, Kent; Friess, Erika; Sayles, David. Apr. 15, 2011Resource Type: Report
Abstract: This report assesses the court ADR programs available in New Mexico state courts and suggests strategies for improving the use and impact of the programs. The report was commissioned by the state judiciary in an effort to increase the efficiency of t...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
New Mexico Children's Court Mediation Program Annual Report - July 1, 2009, to June 30, 2010
New Mexico Administrative Office of the Courts; Baca-Sena, Louise M.; Berry, Teresa A.. Jan. 1, 2010Resource Type: Report
Abstract: The New Mexico Administrative Office of the Courts and the New Mexico Children Youth and Families Department (CYFD) have worked since 2000 to provide mediation services in child abuse and neglect cases. The Children's Court Mediation Program provides...
Children's Court Mediation Program Evaluation Report & Mediation in Abuse and Neglect Case Evaluation Report - July 1, 2008 to June 30, 2009
New Mexico Administrative Office of the Courts; Baca-Sena, Louise M.; Berry, Teresa A.; Carrillo, Nancy . Sep. 18, 2009Resource Type: Report
Abstract: This report evaluates the New Mexico Children's Court Mediation Program, a partnership between the New Mexico Administrative Office of the Courts and the Children, Youth and Families Department, whose "primary purpose of the Children's Court Mediatio...
Children's Court Mediation Program Annual Report - July 1, 2008, to June 30, 2009
New Mexico Administrative Office of the Courts; Baca-Sena, Louise M.; Berry, Teresa A.. Jan. 1, 2009Resource Type: Report
Abstract: The New Mexico Administrative Office of the Courts and the New Mexico Children Youth and Families Department (CYFD) have worked since 2000 to provide mediation services in child abuse and neglect cases in New Mexico. Mediations were conducted through...
Children's Court Mediation Evaluation Report - July 1, 2007 to June 30, 2008
Administrative Office of the Courts; Baca-Sena, Louise M.; Berry, Teresa A.; Lichtenstein, Marsha. Aug. 29, 2008Resource Type: Report
Abstract: This report evaluates the New Mexico Children's Court Mediation Program, which "provides mediation services for families of the Child Protective Services Division of the New Mexico Children, Youth and Families Department" and whose "primary purpose.....
Children's Court Mediations Annual Report - July 1, 2007, to June 30, 2008
New Mexico Administrative Office of the Courts; Baca-Sena, Louise M.; Berry, Teresa A.. Jul. 27, 2008Resource Type: Report
Abstract: The New Mexico Administrative Office of the Courts and the New Mexico Children Youth and Families Department (CYFD) have worked since 2000 to provide mediation services in child abuse and neglect cases in New Mexico. Mediations were conducted through...
Children's Court Mediation Annual Report (Including Evaluation) - July 11, 2006 to June 30, 2007
Baca-Sena, Louise M.; Berry, Teresa A.; Lichtenstein, Marsha. New Mexico Administrative Office of the Courts, Jul. 30, 2007Resource Type: Report
Abstract: The New Mexico Administrative Office of the Courts and the New Mexico Children Youth and Families Department (CYFD) have worked since 2000 to provide mediation services in child abuse and neglect cases through the New Mexico Children's Court Mediatio...
Children's Court Mediation Annual Report (Including Evaluation) - July 11 2004 to June 30, 2005
Administrative Office of the Courts; Baca-Sena, Louise M.; Berry, Teresa A.. Jul. 1, 2005Resource Type: Report
Abstract: The New Mexico Administrative Office of the Courts and the New Mexico Children Youth and Families Department (CYFD) have worked since 2000 to provide mediation services in child abuse and neglect cases. From 2000 to 2005, 1,311 cases were mediated un...
Appellate Mediation in New Mexico: An Evaluation
Hanson, Roger A.; Becker, Richard. The Journal of Appellate Practice and Process, Jan. 1, 2002Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: An evaluation was conducted of the appellate mediation program in New Mexico to see if mediation is effective in the late stages of the appellate process as well as to find out how the attorneys viewed the process. The evaluation found that of the 30...
MetroCourt Project Final Report: A Study of the Effects of Ethnicity and Gender in Mediated and Adjudicated Small Claim Cases
Hermann, Michele; LaFree, Gary; Rack, Christine; West, Mary Beth. Jan. 1, 1993Resource Type: Report
Resource Type: Mediation Efficacy Study
Abstract: This report is a result of a study that examined how women and minorities fared in mediated and adjudicated small claims civil cases in Bernalillo County, NM. It evaluated results in mediation and adjudication using two measures: 1) the objective for...
Multi-State Assessment of Divorce Mediation and Traditional Court Processing
Keilitz, Susan L.. Sep. 1, 1992Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: This study assesses a mediation program in one county in each of four states - Florida, Nevada, New Mexico and North Carolina - and compares them to non-program counties. Through an examination of court records and survey data, the author found that ...
Contacts
New Mexico Children's Court Mediation Program
Mar. 1, 2000Resource Type: Program
Abstract: The New Mexico Children's Court Mediation Program is a partnership between the Administrative Office of the Courts and the Children, Youth and Families Department to provide mediation services for child abuse and neglect cases. Established in March 2...
University of New Mexico School of Law
University of New Mexico School of Law.Resource Type: Program
Abstract: The University of New Mexico School of Law offers mediation training for workplace, business, family and community disputes. The trainings are open to anyone who wishes to attend and individuals may register for sessions online or by mail....