Full Answer
What is settlement facilitation?
Settlement facilitation is generally is single session, where the facilitator (s) focuses on the legal issues before the court, evaluates the case, and addresses more narrow issues. Mediation is generally a more comprehensive process, where the mediator (s) focuses on problem solving by the parties of the issues presented in ...
What is the process of mediation?
Mediation is generally a more comprehensive process, where the mediator (s) focuses on problem solving by the parties of the issues presented in the court case as well as any underlying or related issues.
Is settlement facilitation confidential?
Settlement facilitation is confidential. Settlement facilitation is available for civil and family cases. Facilitators include retired and sitting judges, attorneys, counselors, accountants, and other qualified professionals. A fee is generally charged by the facilitators. Settlement facilitation is generally a single half day or full day session.
How Much Does a Divorce Settlement Facilitation Cost in Albuquerque?
The facilitator’s fees are generally a flat fee of around $1,000 for four hours. Any time over four hours generally costs about $200 to $250 per hour, for the facilitator’s fees.
What is Divorce Settlement Facilitation in New Mexico?
Divorce settlement facilitation is a process where a trained, experienced, and neutral facilitator attempts to guide two sides towards a resolution. The facilitator is often either an attorney with a long history of trial experience, or a former judge.
What Happens When Divorce Settlement Facilitation Fails?
When divorce facilitation fails you will be heading to court – for better or for worse. You place all issues into your judge’s hands who determines your future – for good or ill.
What Makes a Good Divorce Settlement Facilitator?
All marriages and divorces are different. Likewise, all divorce settlement facilitators have unique backgrounds and are not created equally. An effective divorce settlement facilitator usually has the following traits:
Mediation
Mediation is a traditional “problem-solving” process conducted by trained, experienced mediators who may, but are not required to be, attorneys. This facilitative process focuses on clarifying positions and identifying the interests and unmet needs of the parties, often with the goal to preserve the relationship as well as resolve the case.
Settlement Facilitation
Settlement facilitation is an evaluative process, typically conducted by attorneys with subject knowledge who are also trained and experienced in mediation techniques. The process focuses on positions and interests.
Selection of and Compensation of Neutrals
The parties may choose a mediator or settlement facilitator from a list maintained by the Court, or, the parties may present to the Court a stipulated motion requesting any licensed attorney or other qualified person to provide ADR services.
Procedure
ADR is available as soon as an Answer is filed. To request a referral to ADR, file a Request for Referral to ADR (“Request”), in the Court Clerk’s office. A Request form is available from the Clerk’s office or by contacting the ADR Program Director. Please indicate if you are requesting a Mediation or Settlement Facilitation.