Rule 10 - Family Conciliation Court(a)Establishment. A Family Conciliation Court with mediation services is hereby established by authority of A.R.S. § 25-381.01, et seq., to provide a means for the reconciliation of spouses, the amicable settlement of domestic and family controversies, and to protect the rights of children.(b)Assignment of Judge. The presiding judge shall assign a superior court judge to act as judge of the Family Conciliation Court pursuant to A.R.S. § 25-381.04.(c)Jurisdiction. The controversies and issues described in A.R.S. §§ 25-381.08, 25-381.09, 25-381.20, and 25-381.22 are subject to conciliation and mediation. (1) Automatically by filing of any action for annulment, dissolution of marriage or legal separation when there is a child of either spouse whose welfare may be effected by said action, or(2) By Petition filed in Family Conciliation Court by either or both spouses prior to or after filing any action for annulment, dissolution of marriage or legal separation where there is a controversy between them and jurisdiction is not automatic.(d)Mandatory Hearing or Conference. Where Family Conciliation Court jurisdiction is invoked the parties are required to attend at least one hearing or conference as set by the family conciliation court judge, and may be ordered by the conciliation court judge to attend further hearings or conferences. Exemption from mandatory hearings or conferences may be granted by the conciliation court judge if to do otherwise could cause undue hardship.(e)Procedure. When jurisdiction is invoked, the clerk of the court shall cause a minute entry to be made and filed in the case file in such fm approved by the family conciliation court judge, recording the fact and date of the filing of the petition and transferring the matter to the Family Conciliation Court. The clerk shall thereafter deliver the case file to the conciliation court judge for further proceedings pursuant to A.R. S. § 25-381.14.(f)Mediation of Child Custody or Parenting Time. When it appears from a pleading or other paper filed with the clerk of the court that custody or parenting time of a child or children is an issue in a dissolution, legal separation or annulment action; the case shall be transferred to the Family Conciliation Court for mediation of the issues, and at the request of either parent in the case shall be transferred to the Family Conciliation Court. A parent may file an objection to mediation and on hearing the objection the court may waive mediation.(g)Appointment of Mediator. The family conciliation court judge may appoint a mediator from the conciliation court system or an outside mediator. The parties may contract with an outside mediator for his services in which event they shall be directly responsible for his fee. Where the parties desire to employ an outside mediator but cannot agree on the selection, each party shall submit the names of two qualified persons and the court shall make the appointment.(h)Notice of Conciliation and Mediation Services. Upon the filing of an action for dissolution of marriage, legal separation, or annulment, the clerk of the court shall deliver or mail to each of the parties printed information of conciliation and mediation services provided by the court. The printed information shall inform the parties of the availability of blank petition forms provided at the expense of the county and assistance in their preparation by employees of the Family Conciliation Court or a social service agency employed to provide conciliation and mediation services. Public notice may be given in such form, frequency and manner as approved or directed by the conciliation court judge, of the availability of conciliation and mediation services in any such action and also prior to or without the filing of any action where there is a controversy between spouses which may result in the disruption of a household and there is a minor child whose welfare may be affected thereby.(i)Coordination with Alternative Dispute Resolution (ADR) Program. The Director of the Conciliation Court is authorized to cooperate with the Director of the ADR Program, as appointed pursuant to Cochise County Local Rule 12.1, in order to facilitate the resolution of disputes other than those dealing with custody or parenting time.Adopted March 10, 1992, effective 3/21/1992. Amended Nov. 17, 2006, effective 1/1/2007.HISTORICAL NOTES
The former Local Rules of Practice for Cochise County, Rule X, Papers and Documents to be Provided to Judge, adopted June 22, 1987, effective September 1, 1987, was abrogated by order dated March 10, 1992, effective March 21, 1992. See now Rule 18.