Chapter 12, Article 8A NMSA 1978 may be cited as the “Governmental Dispute Prevention and Resolution Act”. History: Laws 2000, ch. 65, § 1; 2007, ch. 206, § 1. ANNOTATIONS The 2007 amendment, effective July 1, 2007, changed the statutory reference and added “Prevention” to the title of the act .
As used in the Governmental Dispute Prevention and Resolution Act: A. “agency” means the state and its agencies, departments, boards, instrumentalities or institutions that are insured by the division; B. “alternative dispute resolution” means a process other than litigation used to prevent or resolve disputes, including mediation, facilitation, regulatory negotiation, settlement conferences, binding and nonbinding […]
A. An agency shall provide interested parties with access to alternative dispute resolution procedures to prevent or resolve any dispute, issue or controversy involving any of the agency’s operations, policies, programs or functions, including formal and informal adjudications, rulemakings, enforcement actions, permitting, certifications, licensing, policy development and contract administration. Alternative dispute resolution procedures are voluntary […]
A. An agency shall take fiscal actions necessary to achieve the objectives of the Governmental Dispute Prevention and Resolution Act and pay for costs incurred in taking those actions, including reasonable fees for training, policy review, system design, evaluation and the use of impartial third parties. Unless specifically prohibited by law, an agency may request […]
Nothing in the Governmental Dispute Prevention and Resolution Act and rules, agreements and procedures developed pursuant to that act: A. limits other dispute prevention or resolution procedures available to an agency; B. denies a person a right granted under federal or other state law, including a right to an administrative or judicial hearing; C. waives […]
A. The “alternative dispute prevention and resolution advisory council” is created in the division. The council consists of nine voting members as follows: (1) the secretary of general services; (2) the secretary of finance and administration; (3) the director of the state personnel office; (4) the superintendent of regulation and licensing; (5) the cabinet secretary […]
The council shall: A. review information about the use of alternative dispute resolution, including referrals, and make recommendations to the office to improve the effectiveness of alternative dispute resolution programs; B. develop strategies to encourage and expand the use of public facilitation in government operations; C. recommend to the division appropriate training standards and schedules […]
A. The “office of alternative dispute prevention and resolution” is created as a bureau of the division. B. In order to promote alternative dispute resolution, the office shall: (1) organize and manage alternative dispute resolution programs for agencies, employees, vendors, businesses regulated by governmental entities and other interested parties; (2) coordinate the use of neutral […]
