This act [Chapter 44, Article 7B NMSA 1978] may be cited as the “Mediation Procedures Act”. History: Laws 2007, ch. 11, § 1. ANNOTATIONS Effective dates. — Laws 2007, ch, 11, § 7 makes the act effective on July 1, 2007.
As used in the Mediation Procedures Act [44-7B-1 NMSA 1978]: A. “mediation” means a process in which a mediator: (1) facilitates communication and negotiation between mediation parties to assist them in reaching an agreement regarding their dispute; or (2) promotes reconciliation, settlement or understanding between and among parties; B. “mediation communication” means a statement, whether […]
A. Except as otherwise provided in Subsection B of this section, the Mediation Procedures Act [44-7B-1 NMSA 1978] applies to all mediators, nonparty participants, mediation parties and a mediation in which: (1) the mediation parties are required to mediate by statute or court or administrative agency rule or are referred to mediation by a court, […]
Except as otherwise provided in the Mediation Procedures Act [44-7B-1 NMSA 1978] or by applicable judicial court rules, all mediation communications are confidential, and not subject to disclosure and shall not be used as evidence in any proceeding. History: Laws 2007, ch. 11, § 4. ANNOTATIONS Effective dates. — Laws 2007, ch, 11, § 7 […]
A. Mediation communications are not confidential pursuant to the Mediation Procedures Act [44-7B-1 NMSA 1978] if they: (1) are contained in an agreement reached by the mediation parties during a mediation, including an agreement to mediate, and the agreement is evidenced by a record signed by the mediation parties, except when parts of the agreement […]
A. If the mediation parties reach a settlement agreement evidenced by a record signed by the mediation parties, the agreement is enforceable in the same manner as any other written contract. The agreement shall not affect any outstanding court order unless the terms of the agreement are incorporated into a subsequent order. B. A court, […]
