Rule 1-128.1.Collaborative law participation agreement; requirements

Last verified June 26, 2026

In one sentenceRule 1-128.1 sets the required contents of a collaborative law participation agreement.

Full Text of Rule 1-128.1

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A. Requirements. A collaborative law participation agreement shall be in a record, signed by the parties, and must include the following:

(1) a statement of the parties’ intention to resolve a collaborative matter through a collaborative law process under these rules;

(2) a description of the nature and scope of the matter;

(3) the name of each collaborative lawyer who represents a party in the process; and

(4) a statement by each collaborative lawyer confirming the lawyer’s representation of a party in the collaborative law process.

B. Other provisions. Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with these rules.

End

Rule History

[Adopted by Supreme Court Order No. 16-8300-020, effective for all cases pending or filed on or after December 31, 2016.]

Plain-English Summary

This rule specifies what a collaborative law agreement must contain. The participation agreement must be in a record, signed by the parties, and include a statement of the parties’ intention to resolve a collaborative matter through the collaborative law process, a description of the matter’s nature and scope, the name of each collaborative lawyer, and each lawyer’s statement confirming representation of a party in the process. Parties may add other provisions not inconsistent with the rules.

Frequently Asked Questions

What must a collaborative law participation agreement include?

It must be a signed record stating the intent to use the collaborative process, describing the matter’s nature and scope, naming each collaborative lawyer, and confirming each lawyer’s representation of a party.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-128.1 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: collaborative law participation agreementparticipation agreementcollaborative law requirements