Governor Bill Richardson yesterday signed the New Mexico Mediation Procedures Act, establishing confidentiality for certain mediation communications. Mediation is broadly defined to include any process that facilitates communication and negotiation between mediation parties, or promotes reconciliation between mediation parties. Mediator is also broadly defined to include any individual who holds herself out as a mediator and who conducts a mediation.
The confidentiality protection is limited, however, to mediation pursuant to mandatory court- or other governmental proceedings, or to voluntary mediation pursuant to a written contract, and includes exceptions for administrative facts (such as when and for how long the mediation occurred), for communications that relate to preventing or correcting wrong-doings, or concerning professional misconduct or malpractice relating to the mediation itself, among other exceptions.
Congratulations to the hard working and persistent New Mexico mediation community for their work with legislators and other governmental officials to effectuate this!
Click here to open a pdf copy: nm-mediation-procedures-act.pdf
About the Authors: Jack Hamilton, Elisabeth Seaman, Sharlene Gee, and Hillary Freeman have been mediators and facilitators with Learn2Resolve, a company that provides mediation, facilitation, training in communication and conflict...By Elisabeth Seaman, Jack Hamilton