Rule 29 - Alternative Dispute Resolution(a) Prohibition on Mediation of an Order of Protection. Parties to an Order of Protection cannot be referred to alternative dispute resolution (ADR) regarding the Order of Protection. But see Rule 67(B)(3), Arizona Rules of Family Law Procedure, regarding mediation of parenting time or legal decision-making when an Order of Protection is in effect.(b) Mediation of a Harassment Injunction. If the court determines that an ADR process is appropriate for a harassment injunction case, the court may refer the case to ADR. This does not include harassment injunctions based on allegations of sexual violence.(c) Notification Regarding Nonparticipation in ADR. Before beginning ADR, each party must be notified in writing or orally in open court of the ability to decline to participate in ADR. Neither party can be required to appear for ADR pending determination of this matter.Formerly Rule 1 in part, added Sept. 5, 2007, effective 1/1/2008. Amended Sept. 16, 2008, effective 9/26/2008. Adopted on a permanent basis effective 9/3/2009. Amended Aug. 30, 2012, effective 1/1/2013. Renumbered Rule 29 and amended Aug. 27, 2015, effective 1/1/2016; amended August 27, 2019 1/1/2020.COMMENT
Matters other than family or domestic violence may be appropriate for alternative dispute resolution. These controversies should be considered separately from domestic and family violence issues.
Domestic violence matters may impact alternative dispute resolution, and it is important for domestic violence victims to have an opt-out prerogative. The Mediation and Domestic Violence Policy adopted by the American Bar Association House of Delegates in July 2000 states: "RESOLVED, That the American Bar Association recommends that court-mandated mediation include an opt-out prerogative in any action in which one party has perpetrated domestic violence upon the other party."