ADR: Paths to Settlement
What is Online Dispute Resolution (ODR)?
Have you received a letter or email referring you to Online Dispute Resolution?
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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
For more information, click here for the Frequently Asked Questions (FAQ).
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.
What happens if an Agreement is reached through ODR?
If an agreementis reached, both parties will approve and sign the agreement online. A nsettlement 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