Mediation News

Metropolitan Court Mediation Division celebrates its 20th anniversary

"I think we can safely say between 16- and 17,000 cases have been resolved as a result of our mediation efforts here at Bernalillo County Metropolitan Court," said Division Director Susan Barnes-Anderson. "The program started with one full time employee, one part time employee and a handful of volunteer mediators. We're now staffed with three full time employees and over 100 volunteer mediators."

 [Renee Valdez assists a customer who is filling out paperwork for a pro se filing at Bernalillo County Metropolitan Court.]
The mediators have at least 40 hours of professional mediation training, work with mentors and adhere to a code of ethics. Barnes-Anderson estimates they provide about $250- to $300,000 worth of services to the court each year. Many are bilingual.

The mediation effort started in July 1986 when legislation sponsored by State Senator Cisco McSorley (D-Bernalillo) increased the civil filing fee by $5.00 to help fund a pilot mediation program. Nine years later, it was incorporated as an official division of the court. The program has served as a state, national and even international model. Barnes-Anderson has had visitors from all over the nation as well as Africa, China, South America and Hungary - all eager to see how it is done in New Mexico.

"These wonderful volunteers provide an invaluable service to the Court and the community." said Bernalillo County Metropolitan Court Chief Judge Judith Nakamura. "Mediation eases the pressure on our civil dockets and often results in a more satisfactory outcome for all parties than could be achieved in the courtroom."

"Judges must look at the legal aspects of each case and make decisions based upon the law and the evidence presented. In mediation, we can address and talk about miscommunications, misunderstandings and emotional factors like hurt feelings, resentment and anger---all things that typically come into play in any dispute. We help the parties communicate and share information and perspectives so they can hopefully find a mutually acceptable resolution. Many times, the decision made by a judge satisfies no one," said Barnes-Anderson.

"Approximately 95% of the time people abide by the terms of their mediated agreement. This is because they have been the ones to set the terms," said Barnes-Anderson. "People can also be more creative in mediation and come up with solutions that work for them - solutions which might be very different than what a judge would be able to do."

The process for mediation is simple: when civil cases are filed, they are reviewed by the division and, if considered appropriate, parties are contacted by the Mediation Division. It is a voluntary process and is never forced on anyone. Parties can request mediation at any time and judges can also refer cases. Mediation can also be used for certain 'criminal cases' such as neighbor disputes, barking dogs, etc., however, the assigned judge must be the one to refer any criminal case to mediation.

Additional Contacts: State Senator Cisco McSorley and Cynthia Olson, former director of Albuquerque Mediation Center - now with Cynthia Olson & Associates, Albuquerque Mediation Center.

If you decide to retain a mediator in DC and begin the mediation process, Contact our DC Mediaton Lawyer now!

	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.