Rule 3.4 - Settlement Conferences and Alternative Dispute Resolution(A)Mandatory Domestic Settlement Conference. In all cases set for trial, the parties and attorneys must participate in a domestic settlement conference, governed by Rule 67.4, ARFLP, before the trial, unless otherwise ordered. The parties must personally appear at the settlement conference unless the assigned division waives the requirement of personal appearance. Personal appearance may not be made by telephone unless permission to appear by telephone is granted by the assigned division pursuant to a motion or stipulation submitted at least 30 days before the date of the settlement conference. The domestic settlement conference will be confidential. Subject to Rule 408, Arizona Rules of Evidence, all communications, both oral and written, made by a party in the settlement conference will be confidential and not admissible. The settlement conference judicial officer will determine disputes regarding the accuracy of the record of the domestic settlement conference.
Participation in a mandatory settlement conference fulfills the requirements of Rule 66, ARFLP, regarding alternative dispute resolution. The requirement of participation in a mandatory domestic settlement conference does not preclude other dispute resolution processes set forth in Rule 67, ARFLP.
(B)Early Settlement Conference. At any time after disclosure statements have been exchanged any party may request that the Court schedule a settlement conference before the mandatory domestic settlement conference described above, to facilitate early resolution of a case. Participation in an early domestic settlement conference will not preclude other dispute resolution processes set forth in Rule 67, ARFLP. Participating in an early settlement conference does not fulfill the requirement of participating in a mandatory domestic settlement conference. Participation in an early settlement conference will fulfill the requirements of Rule 66, ARFLP, regarding alternative dispute resolution.(C)Settlement in Alternate Dispute Resolution. Parties who agree to utilize an alternative dispute resolution method pursuant to Rules 67-67.4, and 68, ARFLP, may agree in writing that agreements made by them will be binding upon the parties, subject to the approval of the Court. The parties must agree on the method by which their binding agreements shall be memorialized, consistent with Rule 69, ARFLP.Added effective 7/1/2018 ; amended April 30, 2019, effective 5/1/2019.