New Mexico § 44-7B-3 Scope

New Mexico Statutes

§ 44-7B-3 — Scope

New Mexico § 44-7B-3

Ch. 44Miscellaneous Civil Law Matters

Art. 7BMediation Procedures Act

This text of New Mexico § 44-7B-3 (Scope) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 44-7B-3 (2026).

Text

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, administrative agency or arbitrator; or (2) the mediation parties and the mediator agree to mediate and the agreement to mediate is evidenced by a record that is signed by the mediation parties. B. The Mediation Procedures Act does not apply to a mediation:

(1)relating to the establishment, negotiation, administration or termination of a collective bargaining relationship;

(2)relating to a dispute that is pending pursuant to or is part of the pro

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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, administrative agency or arbitrator; or (2) the mediation parties and the mediator agree to mediate and the agreement to mediate is evidenced by a record that is signed by the mediation parties. B. The Mediation Procedures Act does not apply to a mediation: (1) relating to the establishment, negotiation, administration or termination of a collective bargaining relationship; (2) relating to a dispute that is pending pursuant to or is part of the processes established by a collective bargaining agreement, except that the Mediation Procedures Act applies to a mediation arising out of a dispute that has been filed with an administrative agency or court; (3) conducted by a judge who might make a ruling on the case; or (4) agreed to in writing by the mediation parties and the mediator prior to the mediation not to be covered by the Mediation Procedures Act, declared in writing by a mediation program prior to the mediation or declared in writing by a court or court agency, a government or governmental subdivision, agency or instrumentality of this state or a tribal court, government or agency prior to the mediation not to be covered by the Mediation Procedures Act.