Arizona
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Arizona. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Arizona can be found in RSI’s Research Library and in Reports below.
State Legislation
- Arizona Revised Statute 8-844: Dependency adjudication hearing; settlement conference or mediation
- Arizona Revised Statute 12-133: Arbitration of claims
- Arizona Revised Statute 12-134: Mediation; fee
- Arizona Revised Statute 12-135: Alternative Dispute Resoluton Fund
- Arizona Revised Statute 12-135.01: Local Alternative Dispute Resolution Fund; Report
- Arizona Revised Statute 12-2238: Mediation; privileged communications; exceptions; liability, definitions
Statewide Court ADR Rules and Policies
- Arizona Rules of Civil Procedure for the Superior Courts of Arizona, Section IX- Compulsory Arbitration
- Arizona Rules of Family Law Procedure Section VIII - Settlement and Alternative Dispute Resolution
- Arizona Rules of Civil Appellate Procedure (ARCAP) Rule 30 - Arizona Appellate Settlement Conference Program
- Standards and Guidelines for Court-Connected Mediation Programs
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Arizona Revised Statute 8-844: Dependency adjudication hearing; settlement conference or mediation
Arizona General Assembly. Jan. 1, 2021Resource Type: Legislation
Abstract: Under this statute before a dependency case can be adjudicated, courts shall hold a settlement conference, pre-trial conference, or order mediation. ...
Arizona Revised Statute 12-133: Arbitration of claims
Arizona State Legislature. Jan. 1, 2021Resource Type: Legislation
Abstract: This statute instructs superior courts to establish jurisdictional limits for the mandatory submission of disputes to arbitration, with those limits not to exceed $65,000. It also directs courts to maintain a list of approved arbitrators and establis...
Arizona Revised Statute 12-134: Mediation; fee
Arizona State Legislature. Jan. 1, 2021Resource Type: Legislation
Abstract: This statute authorizes the court to refer cases to mediation or other alternative dispute resolution programs "to promote the resolution of cases filed in the court." As a source of financing for local alternative dispute resolution services, this s...
Arizona Revised Statute 12-135: Alternative Dispute Resolution Fund
Arizona State Legislature. Jan. 1, 2021Resource Type: Legislation
Abstract: This statute establishes the Alternative Dispute Resolution Fund. The fund is to be administered by the Supreme Court, and provides supplemental funding for alternative dispute resolution programs in superior and justice courts. ...
Arizona Revised Statute 12-135.01: Local Alternative Dispute Resolution Fund; Report
Arizona State Legislature. Jan. 1, 2021Resource Type: Legislation
Abstract: For those superior courts that have opted to establish a fee for ADR services, this statute authorizes the creation of a fund into which those fees would be deposited. The fund is to be administered at the county level by the presiding judge of the s...
Arizona Revised Statute 12-2238: Mediation; privileged communications; exceptions; liability; definitions
Arizona State Legislature. Jan. 1, 2021Resource Type: Legislation
Abstract: According to this statute, mediation of civil cases may be ordered by the court or pursued by the parties either 'before or after filing a complaint.' Communications made during the mediation are confidential, with exceptions, and mediators are not "...
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Rules
Arizona Rules of Civil Procedure for the Superior Courts of Arizona, Section IX - Compulsory Arbitration
Supreme Court of Arizona. Jan. 1, 2021Resource Type: Rules - Court
Abstract: These rules apply when a court decides to provide for arbitration of claims. Civil cases shall be submitted to arbitration so long as the only relief sought is a money judgment and the amount sought is within the limit set by the local court. Parties...
Arizona Rules of Civil Appellate Procedure (ARCAP) Rule 30 - Arizona Appellate Settlement Conference Program
Supreme Court of Arizona. Jan. 1, 2021Resource Type: Rules - Court
Abstract: Under this rule, all appeals filed in the Arizona Court of Appeals, with some listed exceptions, are eligible for inclusion in the settlement conference program, which is intended to explore settlement, limit and simplify issues, and aid the speedy a...
Arizona Rules of Family Law Procedure Section VIII - Settlement and Alternative Dispute Resolution
Superior Court of Arizona. Jan. 1, 2021Resource Type: Rules - Court
Abstract: Under these rules, the court may encourage parties of family law cases to resolve their disputes through ADR. Parties must confer regarding the possibility of settlement and whether they might benefit from the use of ADR processes. The court may prov...
Standards and Guidelines for Court-Connected Mediation Programs
Arizona Supreme Court. Jul. 31, 1996Resource Type: Rules - Court
Abstract: The Arizona Supreme Court's Alternative Dispute Resolution Committee developed these "Standards" and "Guidelines" for Arizona courts interested in establishing mediation programs. The "Standards" serve as the mandatory program elements; whereas, the ...
Reports
Online Dispute Resolution in the United States
American Bar Association. Sep. 1, 2020Resource Type: Report
Abstract: The ABA Center for Innovation surveyed the extent of court-annexed online dispute resolution (ODR) in the United States as it existed at the end of 2019. This report contains statistics and visualizations to document the information captured from the...
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation and Mitigation Program Models
Kulp, Heather Scheiwe. Published October 2010; revised September 19, 2012Resource Type: Report
Abstract: This report provides a detailed review of judicial and non-judicial foreclosure mediation programs that have been developed across the country. It includes information about the mediation process, the history and the funding for each program. Heathe...
Doing the Right Thing: An Empirical Study of Attorney Negotiation Ethics
Hinshaw, Art; Alberts, Jess K.. Negotiation Journal, Mar. 1, 2011Resource Type: Study
Abstract: This study of lawyer ethics found that about 30% of lawyers are willing to lie for their clients about a material fact, even though this is prohibited by the Model Rules of Professional Conduct. The authors presented 734 lawyers in Arizona and Missou...
The Impact of Teen Court on Young Offenders
Butts, Jeffrey A.; Buck, Janeen; Coggeshall, Mark B.. Urban Institute Justice Policy Center Research Report, Jan. 1, 2002Resource Type: Study
Abstract: This report relates the findings from the Evaluation of Teen Courts Project, which examined teen courts in Alaska, Arizona, Maryland and Missouri. The goal of the evaluation in each site was to assess the effect of the teen court process on the perce...
Victim Offender Mediation: An Evaluation of the Pima County Juvenile Offender Mediation Program (VOMP)
Roberts, Laura. Sep. 1, 1998Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: This evaluation looked at victim and offender perceptions of mediation, recidivism, and restitution. To do so, the evaluator interviewed participants two weeks after mediation ended and examined court records. In the program, offenders ranged from 10...
Culturally Responsive Alternative Dispute Resolution For Latinos
Weller, Steven; Martin, John A. Nov. 30, 1996Resource Type: Report
Abstract: The authors argue that the justice system must become more culturally responsive, first by understanding the differing needs of different Latino cultures and then by devising ways within the constraints of the law to resolve disputes that incorporate...