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ADR: Paths to Settlement

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What is Online Dispute Resolution (ODR)?

**Notice about Online Dispute Resolution**
Starting July 1, 2021, the Judiciary is pausing referrals to Online Dispute Resolution (ODR) for newly filed debt and money due cases as well as landlord-tenant actions involving the collection of money due. These case types will proceed in court according to applicable rules of civil procedures. Cases previously referred to ODR will continue in the program until the end of their online negotiation period. The pause on new case referrals will remain in effect until further notice. The Judiciary plans to conduct an intensive evaluation of the online program and upgrade the application, including to increase accessibility.

Online Dispute Resolution (ODR) is a free tool provided by the New Mexico Judiciary to resolve a Debt & Money Due cases online.

  • ODR provides an opportunity to settle your case with the other party before a hearing or trial is scheduled at the courthouse. 
  • If an agreement is reached, the agreement is filed with the court and your case will be closed and the agreement is filed with the court. 
  • If an agreement is not reached, the online negotiation will end, the court will be notified and your case will go forward in the court system.  
  • ODR is required for plaintiffs (or their attorneys) in debt and money due cases; it is voluntary for defendants (or their attorneys)

Supreme Court Order No.20-8500-036

Supreme Court Order No.9-8500-009

    How Does ODR Work?

    After creating an online account, answer questions about how the dispute can be resolved.

    Parties can check to see if the other party has proposed an offer to settle. You can review the offer, accept it, or propose another offer, including setting up a payment plan.

    After the other party reponds to YOUR offer, you will be notified by email or text message, depending on the notification settings in your account.

    Need Help Reaching an Agreement?

    During the first two weeks of online negotiations , if an agreement has not been reached, either party may request the help of an impartial, trained inline mediator. Look for the option to ‘Request a Mediator’ within ODR.

    If the other party agrees to mediation, a mediator will be assigned to your case and will contact you to assist in reaching an agreement. The entire process is ALL online, even mediation.

    Watch a short video to see how it works

    What happens if an Agreement is reached through ODR?

    If an agreement is reached, both parties will approve and sign the agreement online. A settlement agreement will be filed with the court and your case will be closed.

    Winthin the next five (5) years, if you or the other party do not abide by the agreement, the case can be reopened and a judge can enter a judgement aganist the party who breached the agreement. See Rules 2-806 (Magistrate), 3-806 (Metropolitan), 1-106 (District).

    What Happens if an agreement is NOT reached in ODR?

    If after 30 days you have not settled your case, the online negotiation will end, and your case will go forward in the court system.

    If you are the Defendant and didn’t file your answer before starting the ODR process, you must file your answer with the court in order to avoid a default judgement aganist you.

    The Defendant has fifteen (15) days to file an answer after the ODR process has ended. Forms can be downloaded here: https://www.nmcourts.gov/forms.aspx

     

     

    Message from the Supreme Court on ODR

    two figures meeting through computer screens

    Online Dispute Resolution Resources

    Frequently Asked Questions 

    ODR Flowchart

    Attorney Online Dispute Resolution Overview December 2020

    New Mexico State Bar article  

    Need Assistance?

    For Technical Assistance: 
    email: odr.modriasupport@tylertech.com
    phone: 833-803-5492

    For Case Information: Case Lookup

    For other assistance with your case, contact the court where your case is filed: Find a Court

    For general ODR information: 
    email: odr@nmcourts.gov
    phone: 844-875-0274