1-125. Domestic Relations Mediation Act programs.
    A.     Applicability. This rule shall apply only to domestic relations proceedings which involve custody, periods of parental responsibility or visitation of minor children pending in a judicial district that has established a domestic relations mediation program pursuant to the Domestic Relations Mediation Act.
    B.     Referral by court. If the parties to a domestic relations action involving minor children have not filed a parenting plan pursuant to Section 40-4-9.1 NMSA 1978, unless binding arbitration is pending pursuant to Section 40-4-7.2 NMSA, the court may order the parties to:
        (1)    attend a general information session;
        (2)    meet with a counselor designated by the court;
        (3)    participate in mediation;
        (4)    participate in priority consultation pursuant to this rule; or
        (5)    participate in advisory consultation pursuant to this rule.
    C.     Mediation; parenting plan. If the court orders the parties to participate in mediation, if the mediation is successful, the counselor or mediator shall prepare a parenting plan which shall be submitted to the parties and their respective counsel for approval. When the parenting plan has been signed it shall be submitted to the court for

approval together with an order approving it.
    D.     Priority consultation. The court may refer the parties to a priority consultation pursuant to the Domestic Relations Mediation Act. Upon conclusion of a priority consultation, the consultant shall prepare written recommendations to the court which shall be filed with the court and served on the parties. If a party does not agree with the recommendations, within eleven (11) days of the filing of the priority consultation recommendations, the party shall file a motion specifically describing the reasons for the party's objections to the recommendations. The party's objections shall be served on all other parties. The opposing party may file a written response within eleven (11) days after the date of service of the objections. No reply may be filed. If no objections are filed within eleven (11) days after service of the recommendations, an order adopting the recommendations shall be entered.
    E. Advisory consultations. The court may enter an order requiring the parties to submit to an advisory consultation. The order shall be substantially in the form approved by the Supreme Court. At the conclusion of an advisory consultation a report shall be prepared and served on each party.
    The person preparing the report shall also prepare and file with the court written recommendations. The written

recommendations filed with the court shall not contain the basis for the recommendations.
    If a party does not agree with the recommendations, within eleven (11) days of the filing of the advisory consultation recommendations, the party shall file a motion specifically describing the reasons for party's objections to the recommendations. The party's objections shall be served on all other parties. The opposing party may file a written response within eleven (11) days after service of the objections. No reply may be filed. If no objections are filed within eleven (11) days after service of the recommendations, an order adopting the recommendations shall be entered.
    F.     Privileges. All communications made by any person who participates in mediation proceedings pursuant to this rule are privileged except that there is no privilege for information derived from such communications which a participant is required by law to report to a law enforcement officer or state agency.
[Approved, effective November 1, 2000 until November 1, 2001; approved, effective November 1, 2001.]
Cross-references
    See Sections 40-12-1 to 40-12-6 NMSA 1978 for the Domestic Relations Mediation Act.
    See Section 32A-4-3 NMSA 1978 for statutory duty to

report child abuse and neglect cases.

COMMITTEE COMMENT

    The committee is aware that some judicial districts have non-disclosure and confidentiality local rules. The committee does not believe that this is a matter for local district court rules.