Rule 67.4. Settlement Conferences
Arizona Revised Statutes AnnotatedRules of Family Law Procedure
17B A.R.S. Rules Fam.Law Proc., Rule 67.4
Formerly cited as AZ ST RFLP Rule 67(C)
Rule 67.4. Settlement Conferences
(a) Generally. On a party's motion or on its own, the court may order the parties to attend a settlement conference. If the parties agree, the assigned judge or commissioner may conduct the settlement conference. The court also may order that another judge, a commissioner, or a judge pro tempore conduct the conference. The word “judge” when used in the remainder of this rule includes a judge, commissioner, and a judge pro tempore assigned to conduct a settlement conference. A Decree of Dissolution signed by a judge pro tempore under this rule has the same force and effect as a Decree signed by the judge or commissioner to whom the case is assigned.
(2) Scheduling and Other Orders. The court may enter an order setting the date for the conference. The court also may enter other orders that facilitate the settlement conference. The parties and counsel are required to appear in person at all scheduled settlement conferences, and the court may impose sanctions under Rule 71 if a party fails to appear at, or participate in, the conference.
(3) Settlement Memorandum. The settlement judge may require each party to submit a settlement memorandum before a conference, and the court may impose sanctions if a party fails to do so. If a settlement memorandum is required, a party must submit it to the judge conducting the conference but must not file it with the clerk. A settlement memorandum should include the following information, along with any other information required by the court:
(g) Report to the Court. If the parties reached a partial agreement or no agreement during the settlement conference, the settlement conference judge must file a brief report with the court stating that the parties met and attempted to resolve their differences, but that the settlement conference was unsuccessful. The report also must state any agreements the parties reached and the remaining unresolved issues. The report of the settlement conference judge must not include the parties' respective positions and must not comment on or offer any opinion about a party's position. The settlement conference judge also may advise the court if the parties or the judge believes that a further settlement conference would be helpful to resolve the remaining issues.
(h) Other Dispute Resolution Processes; Fees. The court may establish, approve, or administer other dispute resolution processes designed to assist the parties in resolving disputes without contested proceedings. Participants in a dispute service provided through the court may be charged a fee in accordance with the law.
Credits
Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 67.4, AZ ST RFLP Rule 67.4
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
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