0001|                       SENATE JOINT MEMORIAL 29
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                               DON KIDD
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0005|     
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0006|                                   
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0007|     
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0008|     
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0009|     
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0010|                           A JOINT MEMORIAL
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0011|     REQUESTING THE STATE SUPREME COURT AND THE ADMINISTRATIVE
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0012|     OFFICE OF THE COURTS TO DEVELOP A PLAN FOR IMPLEMENTING
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0013|     ALTERNATIVE DISPUTE RESOLUTION PROGRAMS THROUGHOUT THE STATE
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0014|     JUDICIARY.
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0015|     
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0016|          WHEREAS, the courts are society's legal avenue for
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0017|     resolving civil disputes; and
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0018|          WHEREAS, filing a civil action in the courts may be
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0019|     expensive, lengthy, burdensome on the courts and not
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0020|     necessarily adequate relief to the prevailing parties; and
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0021|          WHEREAS, Sections 34-6-44 and 34-6-45 NMSA 1978 authorize
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0022|     district courts to establish funds and collect fees to pay for
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0023|     alternative dispute resolution supervised by the courts; and
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0024|          WHEREAS, House Bill 403 would establish mediation
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0025|     authority for magistrate courts; and
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0001|          WHEREAS, most district courts in the state provide for
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0002|     alternative dispute resolution by court rule; and
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0003|          WHEREAS, alternative dispute resolution includes
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0004|     mediation, arbitration or direct negotiation between
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0005|     adversaries; and
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0006|          WHEREAS, alternative dispute resolution is not now widely
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0007|     understood or used by parties involved in civil disputes; and
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0008|          WHEREAS, alternative dispute resolution offers possible
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0009|     means to resolving civil disputes in a more timely, less
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0010|     expensive, less burdensome manner to the courts and to society
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0011|     and perhaps with more lasting resolution;
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0012|          NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0013|     STATE OF NEW MEXICO that the state supreme court and the
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0014|     administrative office of the courts be requested to study and
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0015|     review existing provisions and proposed changes in court rules
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0016|     or state legislation to expand the use of alternative dispute
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0017|     resolution methods; and
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0018|          BE IT FURTHER RESOLVED that the administrative office of
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0019|     the courts report to the appropriate legislative committee with
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0020|     its recommendations by December 1, 1997; and
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0021|          BE IT FURTHER RESOLVED that copies of this memorial be
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0022|     transmitted to the chief justice of the state supreme court and
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0023|     to the director of the administrative office of the courts.
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0024|                                  
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0025|            
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0001|   
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0002|                      FORTY-THIRD LEGISLATURE
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0003|                        FIRST SESSION, 1997
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0004|   
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0005|   
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0006|                                                   March 8, 1997
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0007|   
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0008|   Mr. President:
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0009|   
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0010|       Your RULES COMMITTEE, to whom has been referred
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0011|   
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0012|                      SENATE JOINT MEMORIAL 29
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0013|   
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0014|   has had it under consideration and reports same with
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0015|   recommendation that it DO PASS, and thence referred to the
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0016|   JUDICIARY COMMITTEE.
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0017|   
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0018|                                Respectfully submitted,
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0019|   
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0020|   
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0021|   
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0022|                                
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0023|   __________________________________
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0024|                                Gloria Howes, Chairman 
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0025|   
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0001|   
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0002|   
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0003|   Adopted_______________________   Not
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0004|   Adopted_______________________
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0005|             (Chief Clerk)                          (Chief Clerk)
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0006|   
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0007|   
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0008|                     Date ________________________
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0009|   
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0010|   
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0011|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
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0012|           Yes:    6
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0013|           No:     0
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0014|                Excused:     Altamirano, Aragon
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0015|           Absent: None
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0016|   
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0017|   
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0018|   SJ029RU1
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0019|   
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