Home Table of Contents

Rule 6.5. Other ADR Services for Legal Decision-Making and/or Parenting Time (Open Negotiation)

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior Court

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Maricopa County (Refs & Annos)
Rule 6. Family Court Department Cases (Refs & Annos)
17C A.R.S. Super.Ct.Local Prac.Rules, Maricopa County, Rule 6.5
Formerly cited as AZ ST MARICOPA SUPER CT Rule 6.10
Rule 6.5. Other ADR Services for Legal Decision-Making and/or Parenting Time (Open Negotiation)
Currentness
a. Purpose. The intent of this rule is to encourage the resolution of family-related cases through an additional non-adversarial alternative dispute resolution process created pursuant to the authority of Rule 68(E) of the Arizona Rules of Family Law Procedure.
b. Open Negotiation. All Family Court cases that involve a controversy over legal decision-making or parenting time shall be subject to mediation or open negotiation regarding those issues. The court or Conciliation Services shall determine whether mediation, open negotiation, or other services are appropriate in a particular case, unless the parties agree to mediation independent of the court.
(1) Mediation. Mediation is defined in A.R.S. § 12-2238(F) and Rule 67(B) of the Arizona Rules of Family Law Procedure. Mediation may be conducted by a Conciliation Services mediator or an independent mediator agreed upon by the parties. Mediation proceedings shall be held in private, and all communications, verbal or written, shall be confidential except as provided in A.R.S. § 12-2238(B). The mediator may not conduct any subsequent family assessment or evaluation in the same case unless the parties file a written notice consenting thereto, signed by both parties and counsel, if any.
(2) Open Negotiation. Pursuant to Rule 66(B)(5) of the Arizona Rules of Family Law Procedure, open negotiation is a process of non-confidential negotiations between the parties conducted by a neutral third party (the Conciliator) to attempt to resolve their dispute. All information presented or gathered is not confidential, any disputed issues are reported to the court and may be used by Conciliation Services or any court-appointed evaluator for any subsequent family assessment or evaluation. The presiding judge of the Family Court or the assigned judge may exempt cases in which the petition and response are filed by attorneys representing the parties, or in which the court is otherwise informed that one (1) or both parties are represented by counsel.
c. Commencement.
(1) Commencement of Open Negotiation by the Court. When it appears on the face of a pleading that either legal decision-making or parenting time of a minor child is contested, the court may refer the matter to Conciliation Services for open negotiation, prior to or concurrently with the setting of the matter for hearing or trial. The court may order open negotiation at any other time after filing of the petition.
(2) Commencement of Open Negotiation by Petition of Parent. If there is a disagreement between the parents concerning legal decision-making or parenting time, either or both parents may file with the court and serve upon the other parent, or counsel if represented, a Petition for Open Negotiation. The court will then refer the parents to Conciliation Services for open negotiation in accordance with these rules.
d. Scheduling. When a matter has been ordered for mediation or open negotiation by Conciliation Services, either on the court's motion or at the petition of one (1) or both parents, Conciliation Services will schedule a conference or conferences that both parties must attend. Attorneys may not attend the conference. Open negotiation of the legal decision-making or parenting time dispute by Conciliation Services pursuant to this rule must take place and be completed before the trial or hearing on legal decision-making or parenting time.
e. Agreements. Any agreements reached as a result of open negotiation must be placed in writing, signed by both parties pursuant to Rule 69 of the Arizona Rules of Family Law Procedure and presented to the court for approval. Agreements may include agreed upon areas of disagreement. The court shall retain final authority to accept, modify, or reject the agreement. Upon the court's entry of a written order to that effect, the agreement shall be considered binding. The negotiator shall notify the court in writing when open negotiation has been concluded.
f. Disagreements. After open negotiation, Conciliation Services shall report to the court any unresolved issues or areas of disagreement, including the positions of the parties on such unresolved issues or areas of disagreement and the reasons therefor.
g. Failure to Appear. The parties are required to appear at all scheduled open negotiation conferences. If one (1) or both parties fail to appear, the negotiator may report to the court the identity of each person who failed to appear, and the court may take such action as it deems appropriate, including the assessment of a no-show fee.

Credits

Added May 16, 2001, effective June 1, 2001. Renumbered from Rule 6.10 and amended June 12, 2013, effective July 1, 2013.
17C A. R. S. Super. Ct. Local Prac. Rules, Maricopa County, Rule 6.5, AZ ST MARICOPA SUPER CT Rule 6.5
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
End of Document