ADR: Paths to Settlement
Frequently Asked Questions
1. How do I get started?
If you received an email or letter from the New Mexico Judiciary, click here to get started.
2. What are the benefits of participating in ODR?
A legal case can take months, or sometimes years, to get resolved through court. Plus, it often requires taking time off work to attend court hearings and trials.
ODR will take up to 30 days to get resolved. You can log in, present an offer to the other party or respond to their counter offer at any time of the day.
- New Mexicans save time and money by using ODR to quickly settle lawsuits over unpaid debts
- ODR offers a convenient alternative to appearing in court in person
- ODR makes it easier for those with a legal problem to navigate the court system
3. Is participation required?
If you are the Plaintiff you are required by the Supreme Court, https://adr.nmcourts.gov/uploads/files/ODR/Order%20No_%2020-8500-036%20(Expanding%20and%20Revising%20ODR%20Pilot%20Program%209-2-20).pdf , to participate in ODR. If you are the Defendant, your participation with ODR is voluntary. Either party may opt out of the program at any time during the process.
5. How do I prepare for ODR?
Be prepared to answer questions about what you could offer to reach a mutually acceptable agreement. Parties generally find that dispute resolution is more useful when they’re prepared and have a plan.
4. What is the cost to participate?
Nothing. It is a free service offered by the New Mexico Judiciary.
6. What if I have documents to show the other party?
If you have documents that you think can help the other party, or the mediator, better understand your concerns or offer, you can upload them during ODR and they will be displayed on the Files tab.
7. Are payment plans available?
Either party can suggest a payment plan. Be specific about your expectations. Be prepared to answer these questions:
- How often would payments be made?
- What would be the amount of each payment?
- When would the amount be paid in full?
- What is the form of payment (check, cash, money order, online payment?)
8. What if I don’t like the offer from the other party?
You have the option to accept or reject the offer. If the offer doesn’t work for you, it’s helpful to offer an explanation so you move toward a mutually acceptable solution. You also can offer a different solution, in other words a counter-offer, which can include a payment plan.
9. Is ODR confidential?
Yes, it is a private and confidential process. If a mediator is involved, the mediator(s) will not reveal what is said in mediation except (as required by law) to report suspected child or elder abuse or threat of physical harm or damage to property. The parties agree that the mediators will not be called to testify should future judicial proceedings occur in this case. The parties agree not to contact the mediator(s) outside the mediation process.
10. What if I have an attorney?
If you have an attorney, the attorney may conduct the online dispute process on your behalf, including online mediation.
11. Is the agreement reached through ODR legally enforceable?
Yes. If the terms of an agreement reached in mediation are not fulfilled, the parties agree that the non-breaching party may, within five (5) years of the date on which the Stipulation of Dismissal was filed with the Court, file a Motion for Judgment and Statement of Non-Compliance with the Court, together with a copy of the mediated agreement.
If such a motion is filed with the Court, the case will be reopened, and the breaching party has fifteen (15) days to respond to the motion and request a hearing so the matter can be heard by the judge. If the beaching party does not respond or request a hearing, the parties agree that the court may enter a judgment against the party who breached without holding a hearing. If there is a default, judgment will be entered for the original amount claimed, plus court costs, less any payments received.
12. Where can I go for more information about consumer debt, and consumer rights and protections?
You can visit the following websites for more information about consumer debt:
Federal Trade Commission:
New Mexico Regulation and Licensing Department: How to Find a Listing of Licensed Collection Agencies in New Mexico
State Bar of New Mexico:
1) State Bar Workshops and Legal Clinics
2) State Bar General Referral Program
3) Free legal Helpline for Seniors
4) Informational Video “When You’ve Been Sued to Collect a Debt” in English and en Espanol
13. Is New Mexico’s ODR program ADA compliant?
Yes, it is WCAG 2.0 Compliant.
14. What are the System Requirements for New Mexico’s ODR?
Below are the recommended requirements to successfully use the ODR Platform.
Internet Explorer® 10 or 11
Operating Systems & Device Types
Minimum Hardware Requirements
Intel® CoreTM Duo processors or AMD processors manufactured in 2012 or later
- GB of RAM
1366 x 768 resolution screens for desktop computers, or 1280 x 720 resolution screens for mobile devices
Recommended Hardware Requirements
Intel® CoreTM i3 or AMD A6 processors with at least a 2.0 GHz clock speed
- GB of RAM
1920 x 1080 resolution for both desktop computers and mobile devices
A high-speed Internet connection is recommended
iOS 8 and newer (Safari recommended)
Android 6 and newer (Chrome recommended)
15. What if I can’t resolve this case online with the other party?
Within the first two weeks of ODR, either party can request the assistance of a trained mediator. A mediator is a trained professional that can help you and the other party understand the issue to find, in an effort to find possible solutions that work for both of you. Asking a mediator for help does not cost you or the other party anything. If both parties agree to use a mediator, he or she will be assigned to your case and will contact you. All this is done online.
16. What is a Mediator?
A mediator is a trained professional that can help you and the other party understand the issue to find a solution that works for both of you. Asking a mediator for help does not cost you or the other party anything.
17. What if I don’t have a computer or phone with access to the internet?
ODR works on any mobile device that can access the internet, so if you don’t have a computer, it’s possible to complete the process from your smartphone or tablet. Computers with internet access and free Wi-Fi are usually available at your local public library.
18. What happens if we cannot reach an agreement even with the help of an online mediator?
If after 30 days you have not settled your case using ODR, the online mediation will end, and your case will go forward in the court system. If you are the Defendant and have not filed an answer with the court, you must file your answer within 15 days to avoid a default judgment.