NM Mediation WORKS: Mediation Overview

This video explains a process called mediation. Mediation is one method people involved in a legal dispute can use to try to reach an agreement, often before or instead of going in front of a judge.

In mediation, the people involved meet with a trained professional called a mediator. The mediator’s role is to guide the conversation and help the parties communicate clearly. The mediator does not take sides and does not make decisions for anyone. Mediators help people talk through issues and explore possible options and solutions. Mediation is confidential and private.

Mediation gives people a chance to talk about their dispute and concerns and consider possible solutions with the help of a neutral person. A mediator may help parties see the situation from different viewpoints and think about options they may not have considered before.

Mediation can be more flexible than the court process. It can be scheduled sooner and usually is faster than waiting for a court hearing. Some people also find meditation to be less formal and easier.

Even if parties choose mediation, the court process remains available at all times. If an agreement is not reached in mediation, the parties can request a hearing with a judge. Choosing mediation does not take away your right to have a judge review your case.

Unlike in court with a judge, in mediation, the people involved in the dispute make the decisions. The mediator does not decide who is right or wrong or take sides. The mediator does not force anyone to agree to anything. Any agreement that is reached is voluntary and based on what the participants decide is best for them. The parties have an equal say in the outcome.

Before mediation, you may think about what is important to you and what you would like to discuss. At the start of a mediation, the mediator will explain the process and may set some expectations and guidelines for respectful and productive communication.

Mediation may take place in-person with everyone in the same room, in separate rooms, by phone, or online video. During the session, the mediator will listen to everyone’s point-of-view and may ask questions to better understand the issues and keep the conversation focused. Because mediation is confidential, parties can safely talk about their issues.

If an agreement is reached, the mediator will help summarize what was decided, and depending on the case type, may help the parties fill out the correct forms. If no agreement was reached, the case can move forward in court.

Mediation can be helpful in many types of cases, including: family law matters, such as divorce, custody, parenting time, and child support; as well as civil cases including contract disputes, neighbor disagreements, debt collection, landlord tenant disputes, and many others. The Court can help you determine if your case is a good fit for mediation.

In summary

Mediation is one option the court may offer to help parties resolve their cases. It allows participants to take an active role in discussing their case and considering possible outcomes, while the court remains available to make decisions when needed.

• The parties or the Court may request mediation in any case involving a legal dispute such as child custody, support, visitation, and/or property issues. You may request mediation by using the Request for Mediation form or file a Motion to request mediation.
• If both parties, or the parties attorney agree, or are referred by the court to mediation, an Order and Notice of Mediation will be filed. The Court, the parties, or their attorney may select a mediator.
• Each party may be required to pay a fee directly to the Clerk’s office, as determined by the Judge. The fee may be waived at the discretion of the Court.
• The parties shall participate up to a maximum of three (3) hours of mediation.
• Cost of mediation will be determined by the Judge or mediator.

1. Bring your completed questionnaire (if applicable).
2. Come with an open mind & be willing to make compromises.
3. Be willing to listen.
4. Try not to interrupt.
5. Make a list of all areas of agreement.
6. Make a list of all issues still in dispute.
7. Bring all supporting documentation that will assist you in discussing the issues.
8. Bring your ideas for resolving all issues in dispute.