46th legislature - STATE OF NEW MEXICO - first session, 2003

SUPPORTING THE CREATION OF AN ADVISORY COUNCIL TO CONDUCT A STUDY AND MAKE RECOMMENDATIONS ON THE ESTABLISHMENT AND STRUCTURE OF A COMMISSION OF DISPUTE RESOLUTION AND A STATE OFFICE OF DISPUTE RESOLUTION.

WHEREAS, extensive research and beneficial program development have been conducted in the field of alternative dispute resolution in this state; and

WHEREAS, there is increasing enthusiasm, need and support for the development of a state office of dispute resolution in New Mexico; and

WHEREAS, a state office of dispute resolution should be established to enable further development of alternative dispute resolution procedures pursuant to the Governmental Dispute Resolution Act; and

WHEREAS, the office should provide public education about and promotion of alternative dispute resolution procedures, provide technical support for the use of such procedures, facilitate information sharing about and between alternative dispute resolution programs and make grants to encourage the development and implementation of alternative dispute resolution procedures in New Mexico; and

WHEREAS, the office should encourage and support communities, courts and tribal, educational and governmental agencies in furthering their efforts to establish and implement alternative dispute resolution programs; and

WHEREAS, a commission of dispute resolution should be established that is broadly representative of the diversity in New Mexico and should govern the state office of dispute resolution; and

WHEREAS, the commission should establish alternative dispute resolution goals, hire an executive director and necessary support staff to implement its goals and develop its goals pursuant to the evolution and use of alternative dispute resolution programs and procedures in the state; and

WHEREAS, diverse funding sources should be sought to provide maximum stability and longevity for the state office of dispute resolution and to permit that office to provide financial assistance to alternative dispute resolution programs; and

WHEREAS, establishing a state office of dispute resolution would provide the citizens, government, judiciary and legislators of the state with increased opportunities to apply the best practices of alternative dispute resolution;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the state bar alternative dispute resolution committee and the New Mexico mediation association be requested to convene a broad-based tricameral advisory council to conduct a study and make recommendations on the establishment and structure of a commission of dispute resolution and a state office of dispute resolution to an appropriate interim legislative committee; and

BE IT FURTHER RESOLVED that the council include representatives from interested governmental agencies, professional associations and alternative dispute resolution practitioners; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico legislative council, the state bar alternative dispute resolution committee and the New Mexico mediation association.