Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.
The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.
In New Mexico, mediation is a recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. While the courts in New Mexico may order parties to engage in mediation, especially in civil lawsuits, participation in the process does not obligate the parties to reach a settlement. If the parties cannot resolve their differences through mediation, the case may proceed to trial where a judge or jury will make the final decision. Importantly, under New Mexico law, communications during mediation are typically confidential and are not admissible as evidence in trial, which encourages open dialogue and negotiation without fear that offers or admissions will be used against the parties later in court.