My ADR Services

My Commitment to Fairness and Neutrality:

    The use of Alternative Dispute Resolution (commonly known in legal circles as ADR), which includes mediation and arbitration, to resolve a wide variety of disputes has grown extensively in the past few years. This isn’t surprising, considering the increasing costs of litigation and time delays in our courts, both at the trial and appellate levels. More and more, individuals and businesses are seeking a fair and final resolution of their disputes through mediation or arbitration. I was a trial attorney for 22 years, an appellate judge for almost 14 years, and have been a mediator, arbitrator, hearing officer, and a trial judge pro tempore in many cases since my retirement from the appellate court in June of 2000. For those reasons, I believe I have the expertise and knowledge to help parties resolve their differences.

    As an arbitrator, special master, mediator, and judge pro tem, I’m fully aware of my responsibility to the public and specifically to the parties interested in resolving their disputes. A mediator/arbitrator must play an effective role in the ADR process. To do so, it’s essential that she or he commit to important ethical standards and display impartiality and fairness with integrity. He or she must also gain the confidence and respect of the parties. No matter the outcome, they should feel they’ve been given the opportunity to present their cases to a neutral party. I’m committed to perform that role by applying high ethical standards in providing a forum of impartiality, fairness, and neutrality.

About Mediation:

    Simply put, mediation is a form of ADR in which a neutral third party (the facilitator or mediator) assists parties involved in a dispute to reach a voluntary agreement of their differences. As an alternative to litigation, it’s an informal process in which the mediator attempts to help the parties arrive at a mutually acceptable resolution of their disputes. The mediator has no power to impose a settlement. Instead the mediator’s role is only advisory. She or he may offer suggestions, but resolution of the dispute rests with the parties themselves. Depending on the skill of the mediator, however, he or she can play an important role in whether the case is settled or not. The process is private, strictly voluntary, informal, and non-binding unless a binding settlement agreement is entered into and signed at the conclusion of the mediation conference.

About Arbitration:

    Arbitration is the process by which parties to a dispute refer the decision-making function to a sole arbitrator or an arbitration panel (usually consisting of 3 members) with some expertise on the subject of the dispute. Unlike mediation, however, the sole arbitrator or panel has the power to make a decision and to bind the parties. It is therefore conclusive. For these reasons, arbitration is often considered an adjudicatory process. It differs from court litigation, however, in that it may take place outside the court system. In such a setting, it may not be subject to courtroom procedures, the technical rules of evidence, or appeal. Historically, arbitration is the most traditional form of ADR. As an alternative to courts, it enjoys the benefits of speed, lower costs, privacy, and the ability to choose a decision maker with some experience in the subject matter of the issue. Arbitration decisions may be enforced by the courts.

 My Schedule of Fees:

    These fees apply to mediation, settlement facilitation, arbitration, and special master or hearing officer appointments, unless otherwise agreed.

    For mediation/settlement facilitation:

  • One-half day fee: (consisting of 4 hours or less) $900.00

  • Full day fee: (more than 4 hours and up to 8 hours) $1,800.00

  • Hourly rate for any time exceeding 8 hours per day: $225.00

  • Hourly rate in the event additional time is necessary as noted below: $225.00

        For acting as arbitrator, special master, or hearing officer in cases requiring a decision, a report with recommendations and/or proposed findings and conclusions:

  • One-half day fee: (consisting of 4 hours or less) $1,000.00

  • Full day fee: (more than 4 hours and up to 8 hours) $2,000.00

  • Hourly rate for any time exceeding 8 hours per day: $250.00

  • Hourly rate in the event additional time is necessary as noted below: $250.00

        Additional charges or costs:

  • Additional charges, such as mileage, per diem, and any other out-of-pocket expenses that may be applicable will be determined as negotiated with the parties. Travel time to and from the arbitration/settlement conference shall be compensated at the rate of $190.00 per hour. Applicable New Mexico or Texas gross receipts tax will be added to all fees for venues in New Mexico.

  • In complex litigation or disputes, or in cases involving multiple or complex issues of fact or law, or settlement facilitation ordered by the court, if considerable review (exceeding 1 hour) of material submitted by the parties, research or other preparation is deemed necessary before the scheduled conference or hearing, additional fees will be charged at the hourly rate noted above, unless other arrangements for such fees have been made with the parties.

  • Any fees based on this schedule shall be agreed to before work is begun. If this schedule is submitted to a party at the outset of appointment or employment, and before a settlement conference or hearing has been scheduled, the party shall be deemed to have accepted its terms unless the party otherwise notifies The Apodaca Law Firm and other arrangements are made.