§ Rule 16(g) Alternative Dispute Resolution

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > III Pleadings > Rule 16 > Rule 16(g)

Rule 16(g). Alternative Dispute Resolution

    (1) Upon motion of any party, or upon its own initiative after consultation with the parties, the court may direct the parties in any action to submit the dispute which is the subject matter of the action to an alternative dispute resolution program created or authorized by appropriate local court rules.

    (2) The Parties' Duty to Consider ADR, and to Confer and Report.

        (A) No later than 90 days following the first appearance of a defendant, the parties shall confer, either in person or by telephone, about:

            (1) the possibilities for a prompt settlement or resolution of the case; and

            (2) whether they might benefit from participating in some alternative dispute resolution (“ADR”) process, the type of process that would be most appropriate in their case, the selection of an ADR service provider and the scheduling of the proceedings.

        (B) The attorneys of record and all unrepresented parties who have appeared in the case are jointly responsible for attempting in good faith to settle the case or agree on an ADR process and for reporting the outcome of their conference to the court. Within 30 days after their conference, the parties shall inform the court by means of a text prescribed in an official form promulgated pursuant to Rule 84 of the following:

            (1) if the parties have agreed to use a specific ADR process, the type of ADR process to be used, the name and address of the ADR service provider they will use and the date by which the ADR proceedings will be completed;

            (2) if the parties have not agreed to use a specific ADR process the position of each party as to the type of ADR process that is appropriate for their circumstances or, in the alternative, why ADR is not appropriate; and

            (3) whether any party requests that the court conduct a conference to consider ADR.

        (C) Unless the parties have agreed to use a specific ADR process, the court may direct the parties, the attorneys for the parties and, if appropriate, representatives of the parties having authority to settle, to discuss with a court-appointed ADR specialist, either in person or by telephone, whether ADR is appropriate and the types of ADR processes that might benefit their case.

    APPLICATION

    The amendment of this rule Oct. 22, 2001, effective Dec. 1, 2001, applies to all cases filed after December 1, 2001.