ANNUAL MEETING TIME!
The Association will hold its Annual Meeting on November 15, 2019, in Albuquerque. The time will be from 9 a.m. until 12:00 Noon. We will meet at 6767 Academy Road NE., ABQ (same location as last year. We have a full morning of business, including elections so please plan to participate or ask the Secretary for an Absentee or Proxy vote privileges.
STATE ADR MEETING
The Risk Management Division of the State GSD is held its Statewide Meeting for its Volunteer Mediators on October 9 and 10, 2019 in Santa Fe. The Association was present to offer Information to the Attendees about the Association, ADR opportunities, and Membership. We developed booth graphics as well as a table cloth to use as we search to get our message out to the general public, legislators and other mediators.
WE NEED YOU!
As Ted mentioned in his
Letter, we need Officers, Board Members and Regional Representatives for 2020
and beyond. For information about
serving in any office, contact Ted at 575-639-4254 or firstname.lastname@example.org. He can
provide details on what the role requirements are.
MODRIA Pilot Program
As previously mentioned,
the State AOC launch of the Online Mediation Tool began in late spring
2019. Through August 2019, 1.713 cases
were eligible for the program. The
District Courts in the Pilot referred only 110 to Online Mediation. Of these, only 1 Mediation was in progress
and the others were either ended due to No response by either party or response
was with either party or nothing has progressed. After a certain time, the case is referred
back to the court system for further action.
ELDER MEDIATION NETWORK
We are sad to report that the efforts of a Sturdy Group
of Members to create the opportunity for Non-Attorney Mediators to Mediate
Elder Care issues in New Mexico has been stopped. Until such time as the Legal community in New
Mexico stops the roadblocks and prevention tactics they could not proceed. Additionally, Non-Attorney Mediators
interested in being trained in Elder Care Mediation was low or
non-existent. Is the membership willing
to allow this kind of activity to continue or can we resurrect and enhance the
efforts of this Network?
Beginning with 2020
membership renewal or payments, members will have the opportunity to add their
information similar to the membership form onto the website. Information will include Contact Information
and up to 3 areas of Mediation that the members specialize. Those Professional Mediators who provide
Pro-Bono will also be listed but the listing will include lesser details. Please make sure you renew or join and remain
current in your dues for this to assist in Brand awareness of your skills and
services. Check out the new members
whose listing has been posted on the site as a demonstration!
As you know, stuff
happens. When we change officers, stuff
gets misplaced, lost or confused. We
have that issue with our most current membership lists. We have kept these on excel sheets and have
over time merged the lists for one reason or another. Can you help us clarify you join and paid
member dates? Why do you ask? We need to
clean our current and past member lists for membership recruitment and validate
with our deposits who has paid for 2018 and 2019? Since our treasurer is MIA
this information has been difficult to secure and work on validation. If you can help out, please let Elena
Hernandez know at ehmediator.org or 505-688-2046.
STATE ADR COMMISSION
My apologies (this is Ted) for not providing more frequent updates on what is going on with the State ADR Commission of which I represent the Association on. Thank you, members, for kicking me to update the membership on what is going on!
New Staff at AOC: When I joined the Commission, it lacked Leadership participation at the State ADR Leader level. This has since been resolved as Mateo Page, Former Magistrate Judge from Moriarity joined as the statewide Manager for ADR. In addition, with the help of many of you, we were able to convince and coerce the legislature to change the Magistrate Court Mediation leader position from “soft money” (funded by fees only) to a Permanent fully funded position. This position has been approved as of July 1, 2019, and applications have been received, screening is occurring, and a candidate should be named soon. Unfortunately for NMMA, we were not part of the interview process and have been excluded from much detail on selection.
District Court Mediation Fee Structure: Based on legislation passed in 2017, the Commission was charged by the Supreme Court to explore and Initiate a Sliding fee structure for the District court Mediation System outside the “power 3” areas of Las Cruces, Santa Fe, and Albuquerque in early 2018. A current sliding fee has either been approved by the Supreme Court for or has been reviewed and recommended for approval for those district courts. Approved are the 7th, 8th, 9th and 13th. Pending and in final approval stages are the 4th, 5th, 6th, and 11th. Unfortunately, the 10th and 12th have been slow to comply but encouragement from others will help compliance. These courts are implementing changes as we write about it. Recently a meeting of the Power 3 courts was held to discuss mediation programs in their court systems and ways/means that could be shared with the smaller courts as they look to expand mediation programs in their court. What is next is to attempt to standardize the ADR rules statewide – a major problem from my perspective – in how, who and why things are done. Such variance today may be problematic in consistency and transparency going forward. From a personal standpoint, I feel the fees are too low for mediation services. Since clients needing representation many times do not hesitate to pay handsome retainer fees, this creates a perception that mediation could be a “cheap alternative.
Program Growth: For the most part, the program has not been
widely embraced by the Mediation Community or the Audience it is intended to
serve. Courts initially participating
were the 2nd, 6th and 9th. Since then the program has
been expanded statewide in an effort to grow faster. An emphasis on a pilot program in the
Magistrate system for the 3rd District is underway. This will focus on Traffic violations. Much money has been invested that may or may
not have been better spent on existing needs and services surrounding ADR and
Mexico Court-Connected Alternative Dispute Resolution Recommendations: In a May 2019 report released in June 2019, the Staff
of AOC/ADR was charged by the Supreme Court to Review the Current Landscape and
Recommend how to Build a Statewide Infrastructure. Authored by Mateo Page, Statewide Program
Manager of ADR and Celina Jones, General counsel of the AOC, the report lists
10 ways to expand ADR programs statewide.
The unfortunate part is that the NMMA was minimally involved in input
for the recommendations.
I have been involved with the Sliding Fee Scale and Ethics Committee but
have volunteered for others that I feel may benefit the Association
membership. Additional committees active
include a Communications/Marketing/Outreach Committee and Training Committee.
you desire further information or clarification, please contact me at email@example.com or 575-639-4254.