Section 13-4C-8 – Attendance.
All interested persons or representatives of interested persons properly notified of a mediation session shall attend the session for a minimum of eight hours unless otherwise agreed to by all persons attending the session. An interested person or a representative of an interested person attending a mediation session shall have the authority to enter into […]
Section 13-4C-9 – Recording of agreements; compromise and offers to compromise.
A. Following the completion of a mediation session, the mediator shall record any agreements entered into by persons during the session. Agreements shall be recorded in writing or by an audio or video tape recording; provided that all persons entering into the agreement shall indicate their assent to the agreement. B. Evidence of offers to […]
Section 13-4C-10 – Mediation clause in a contract; application of federal law.
A. When persons include a mediation clause in a contract for performance of a public works project, the provisions of the mediation clause shall not conflict with the provisions of the Public Works Mediation Act. Any language in a mediation clause that conflicts with the provisions of the Public Works Mediation Act shall be unenforceable […]
Section 13-4C-11 – Costs.
A. The costs of a mediation session shall be borne equally by all interested persons properly notified of a mediation session. When an interested person who has been properly notified of a mediation session fails to appear for that session or fails to remain for the duration of a session, that interested person shall be […]
Section 13-4C-1 – Short title.
Chapter 13, Article 4C NMSA 1978 may be cited as the “Public Works Mediation Act”. History: 1978 Comp., § 13-4C-1, enacted by Laws 1992, ch. 63, § 1.
Section 13-4C-2 – Definitions.
As used in the Public Works Mediation Act: A. “interested person” means a person with an association to a dispute related to the performance of a public works project, when that association arises out of the same transaction or occurrence underlying the dispute; B. “mediator” means an individual or organization, independent of a dispute related […]
Section 13-4C-3 – Application.
The Public Works Mediation Act applies to all disputes related to the performance of a public works project. History: 1978 Comp., § 13-4C-3, enacted by Laws 1992, ch. 63, § 3.
Section 13-4C-4 – Mediation requirement; exemptions.
A. Except as provided in Subsections B, C and D of this section, a person who seeks to resolve a dispute related to the performance of a public works project shall exhaust the mediation procedures set forth in the Public Works Mediation Act before seeking judicial relief in a court of law. B. A dispute […]
Section 13-4C-5 – Notice of mediation session; service of notice.
A. An interested person may convene a mediation session for the purpose of resolving disputes related to the performance of a public works project. Mediation of a dispute related to the performance of a public works project shall take place within thirty days after an interested person has provided notice of the mediation session to […]
Section 13-4C-6 – Location of mediation session.
The mediation session shall be conducted at a neutral site that affords no advantage to any person attending the mediation session. The mediation session shall be held in the county where the public works project is located unless otherwise agreed to by all persons attending the session. In no event shall the mediation session be […]