A. Except as otherwise provided in Subsection B of this section, the Mediation Procedures Act [44-7B-1 N.M. Stat. Ann.] applies to all mediators, nonparty participants, mediation parties and a mediation in which:

(1)     the mediation parties are required to mediate by statute or court or administrative agency rule or are referred to mediation by a court, administrative agency or arbitrator; or

(2)     the mediation parties and the mediator agree to mediate and the agreement to mediate is evidenced by a record that is signed by the mediation parties.

B. The Mediation Procedures Act does not apply to a mediation:

(1)     relating to the establishment, negotiation, administration or termination of a collective bargaining relationship;

(2)     relating to a dispute that is pending pursuant to or is part of the processes established by a collective bargaining agreement, except that the Mediation Procedures Act applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;

(3)     conducted by a judge who might make a ruling on the case; or

(4)     agreed to in writing by the mediation parties and the mediator prior to the mediation not to be covered by the Mediation Procedures Act, declared in writing by a mediation program prior to the mediation or declared in writing by a court or court agency, a government or governmental subdivision, agency or instrumentality of this state or a tribal court, government or agency prior to the mediation not to be covered by the Mediation Procedures Act.