A. The costs of a mediation session shall be borne equally by all interested persons properly notified of a mediation session. When an interested person who has been properly notified of a mediation session fails to appear for that session or fails to remain for the duration of a session, that interested person shall be wholly responsible for the costs of the mediation session.
B. When a person files a lawsuit subsequent to exhausting the procedures set forth in the Public Works Mediation Act, the court may assess costs against any interested person who was properly notified of a mediation session and who failed to pay his share of the costs of the mediation session.
C. The mediator shall determine whether a person is an interested person for the purpose of sharing the costs of a mediation session.
History: 1978 Comp., § 13-4C-11, enacted by Laws 1992, ch. 63, § 11.
Structure New Mexico Statutes
Chapter 13 - Public Purchases and Property
Article 4C - Public Works Mediation
Section 13-4C-1 - Short title.
Section 13-4C-2 - Definitions.
Section 13-4C-3 - Application.
Section 13-4C-4 - Mediation requirement; exemptions.
Section 13-4C-5 - Notice of mediation session; service of notice.
Section 13-4C-6 - Location of mediation session.
Section 13-4C-7 - Written materials.
Section 13-4C-9 - Recording of agreements; compromise and offers to compromise.
Section 13-4C-10 - Mediation clause in a contract; application of federal law.