The Judicial Branch of Arizona, Maricopa County
Superior Court >Alternative Dispute Resolution
Frequently Asked Questions
Questions about the Mediation Process in General What is Mediation?
It is a chance to sit down with the opposing party and one or more neutral individuals ("mediators") to see if there is some agreeable way to resolve the dispute. During the mediation, both parties will have a chance to explain what happened and what they want done about it. From there, the mediators will help the parties explore solutions to the problem to see if any solution is acceptable to both sides. Do I need to bring a lawyer to the mediation?
No. Lawyers are not required for most mediation sessions and are not expected to participate during mediation. Most parties do not have lawyers at Justice Court mediation. A party may consult with his or her lawyer at any time, but the lawyer may not participate in the mediation unless a Notice of Appearance has been filed with the court and is contained in the case file. Do I need to bring my witnesses and exhibits to the mediation?
No. The purpose of mediation is not to prove which party's version of the facts is true. The purpose is to discuss the problems and potential solutions. What if I don't like any of the proposed solutions?
The mediators will not force any party to agree to a solution that is not acceptable to everyone. If the parties reach an agreement, the mediators will help you put the agreement in writing and submit the agreement to the judge for approval. If the parties don't reach an agreement, they can continue with the lawsuit, just as if the mediation never took place. Can the opposing party use the statements I make during mediation against me?
No. At the beginning of the mediation, both parties will be asked to agree that all statements made during mediation must be kept strictly confidential. If the dispute is not resolved and the lawsuit goes forward, neither party can use the statements made during mediation against the other party.
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Questions about Civil Short Trial Is the Short Trial Binding?
Yes, a Short Trial is a binding, one-day jury trial. Who presides over a Short Trial?
An Attorney who has been appointed by the Arizona Supreme Court and given the authority to act as a Judge Pro Tempore. Is there a right to appeal the verdict?
Unless there is an issue of fraud, there is no right to appeal. How many jurors are used in a Short Trial?
Ten potential jurors are sent to the Courtroom and four jurors are selected to hear the case. How is a case presented?
Each party has two hours to present its case. The presentation included an opening statement (10 minutes) presentation of evidence, direct examination of witnesses and closing arguments (10 minutes). Stipulations to documentary evidence and pretrial motions are strongly encouraged and live testimony is discouraged. Witnesses can be used by deposition or affidavit. Should there be communications with the Judge Pro Tempore?
A telephonic conference should be held at least three days prior to the Short Trial to identify potential problems and clarify procedural concerns. What types of cases are best suited for Short Trial?
Cases with fairly uncomplicated issues. Who determines the jury instructions?
The Judge Pro Tempore and the attorneys using the RAJI Preliminary and Standard instructions. During the Voir Dire process are parties allowed to ask questions?
Yes. Each party is allowed five minutes for follow-up questions. What time does the Short Trial start and where are they held?
Attorneys and judge pro tempore should meet by 8:30 a.m. to resolve any evidentiary problems or any other disputes between counsel. Ten jurors are escorted to the courtroom between 9:00 a.m. and 9:15 a.m. The specific courtroom will be assigned. What court staff is available for Short Trial?
Only a bailiff is available for Short Trial. Are the proceedings recorded?
No. When should the Pre-Trial Memo be submitted and what should it contain?
Seven days prior to the Short Trial. The Memo should contain a brief statement of the nature of claim and defense, a complete list of witnesses and a description of the substance of the testimony of each witness and finally, a list of exhibits. Can evidence notebooks be prepared for the jury?
Yes. Eight combined notebooks should include facts, photographs, diagrams and other evidence. Four notebooks are for the jury, one for the Judge Pro Tempore, one for the witness, and one for each attorney.
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Questions about Probate Mediation How do I become a Probate Court Mediator?
We are currently not accepting new mediators to ADR Probate Court Mediator Program.
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Questions about Justice Court Mediation How do I become an ADR Justice Court Mediator?
If you have completed a 40 hour basic mediator training course you may apply to become an ADR Justice Court Mediator.
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Questions about Family and Civil Settlement Conferences What is a settlement conference?
A settlement conference is a pre-trial meeting between the parties, in an attempt to settle issues and avoid trial. What types of cases are eligible for a settlement conference?
Family: Marital dissolution, pre-decree cases, other cases deemed appropriate by the judge;
Decreased cost: By settling the case and avoiding trial, parties can save the expenses associated with a traditional trial.
Quicker solution: The traditional trial process is often time-consuming. By settling a dispute before trial, parties avoid the possibility of a long trial and can move on with their lives.
Increased satisfaction: Court clients participating in a settlement conference generally experience a higher level of satisfaction with the process than those who go through the traditional trial process. Where are settlement conferences held and how long do they last?
For family court cases, the settlement conference is held in the Superior Court, Central Court Building, Phoenix AZ or Alternative Dispute Resolution, Downtown Justice Center, 620 W. Jackson St., Suite 3076, Phoenix AZ. In some cases, the settlement conferences are held at locations outside the court at a location chosen by the judge pro tempore.
A judge pro tempore presides over a settlement conference. A pro tem is a neutral attorney who is court-appointed to perform specific duties for the courts based on his or her experience and qualifications. What do I need to do to prepare for a settlement conference?
Be prepared to give a general description of the issues in the suit, including your views; be prepared to explain all previous negotiations and results; be prepared to discuss the possible consequences if your case proceeds to trial; bring any relevant financial, property, debt, and income information; bring any other relevant information for discussion; be prepared to communicate your needs fully, honestly, and respectfully with the judge pro tempore and with the other party. Who can attend the settlement conference?
Typically, the judge pro tempore, petitioner/plaintiff, respondent/defendant, and counsel (if represented) are the only people included in the settlement conference; however, there are exceptions under certain circumstances. Once referred to Alternative Dispute Resolution (ADR), how long before we get scheduled for a settlement conference?
Civil: Depending on the deadline to conduct the settlement conference (cases are tickled 90 days prior to the deadline then a judge pro tempore is appointed to conduct the settlement conference).
Family Court: At least 30-60 days before the trial date or if a trial date is not set, first available date. What happens if we reach an agreement in a settlement conference?
If you reach a full or partial agreement in a settlement conference, ADR will alert the judge that you participated in a settlement conference and a full or partial agreement was reached. The trial date may be vacated for full agreements. What happens if we don't reach an agreement in a settlement conference?
If you do not reach an agreement, ADR will alert the judge that you participated in a settlement conference but did not reach an agreement. Can we reach agreements prior to a settlement conference?
Yes. You need to notify the referring judge upon reaching agreements. Is the settlement conference taped or recorded?
Only if the parties reach a full or partial settlement on family court cases, then the settlement agreement is taped. Settlement agreements for civil cases are not taped.
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- Questions about the Mediation Process in General
- Questions about Civil Short Trial
- Questions about Probate Mediation
- Questions about Justice Court Mediation
- Questions about Family and Civil Settlement Conferences
Questions about the Mediation Process in General What is Mediation?
It is a chance to sit down with the opposing party and one or more neutral individuals ("mediators") to see if there is some agreeable way to resolve the dispute. During the mediation, both parties will have a chance to explain what happened and what they want done about it. From there, the mediators will help the parties explore solutions to the problem to see if any solution is acceptable to both sides. Do I need to bring a lawyer to the mediation?
No. Lawyers are not required for most mediation sessions and are not expected to participate during mediation. Most parties do not have lawyers at Justice Court mediation. A party may consult with his or her lawyer at any time, but the lawyer may not participate in the mediation unless a Notice of Appearance has been filed with the court and is contained in the case file. Do I need to bring my witnesses and exhibits to the mediation?
No. The purpose of mediation is not to prove which party's version of the facts is true. The purpose is to discuss the problems and potential solutions. What if I don't like any of the proposed solutions?
The mediators will not force any party to agree to a solution that is not acceptable to everyone. If the parties reach an agreement, the mediators will help you put the agreement in writing and submit the agreement to the judge for approval. If the parties don't reach an agreement, they can continue with the lawsuit, just as if the mediation never took place. Can the opposing party use the statements I make during mediation against me?
No. At the beginning of the mediation, both parties will be asked to agree that all statements made during mediation must be kept strictly confidential. If the dispute is not resolved and the lawsuit goes forward, neither party can use the statements made during mediation against the other party.
return to top
Questions about Civil Short Trial Is the Short Trial Binding?
Yes, a Short Trial is a binding, one-day jury trial. Who presides over a Short Trial?
An Attorney who has been appointed by the Arizona Supreme Court and given the authority to act as a Judge Pro Tempore. Is there a right to appeal the verdict?
Unless there is an issue of fraud, there is no right to appeal. How many jurors are used in a Short Trial?
Ten potential jurors are sent to the Courtroom and four jurors are selected to hear the case. How is a case presented?
Each party has two hours to present its case. The presentation included an opening statement (10 minutes) presentation of evidence, direct examination of witnesses and closing arguments (10 minutes). Stipulations to documentary evidence and pretrial motions are strongly encouraged and live testimony is discouraged. Witnesses can be used by deposition or affidavit. Should there be communications with the Judge Pro Tempore?
A telephonic conference should be held at least three days prior to the Short Trial to identify potential problems and clarify procedural concerns. What types of cases are best suited for Short Trial?
Cases with fairly uncomplicated issues. Who determines the jury instructions?
The Judge Pro Tempore and the attorneys using the RAJI Preliminary and Standard instructions. During the Voir Dire process are parties allowed to ask questions?
Yes. Each party is allowed five minutes for follow-up questions. What time does the Short Trial start and where are they held?
Attorneys and judge pro tempore should meet by 8:30 a.m. to resolve any evidentiary problems or any other disputes between counsel. Ten jurors are escorted to the courtroom between 9:00 a.m. and 9:15 a.m. The specific courtroom will be assigned. What court staff is available for Short Trial?
Only a bailiff is available for Short Trial. Are the proceedings recorded?
No. When should the Pre-Trial Memo be submitted and what should it contain?
Seven days prior to the Short Trial. The Memo should contain a brief statement of the nature of claim and defense, a complete list of witnesses and a description of the substance of the testimony of each witness and finally, a list of exhibits. Can evidence notebooks be prepared for the jury?
Yes. Eight combined notebooks should include facts, photographs, diagrams and other evidence. Four notebooks are for the jury, one for the Judge Pro Tempore, one for the witness, and one for each attorney.
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Questions about Probate Mediation How do I become a Probate Court Mediator?
We are currently not accepting new mediators to ADR Probate Court Mediator Program.
return to top
Questions about Justice Court Mediation How do I become an ADR Justice Court Mediator?
If you have completed a 40 hour basic mediator training course you may apply to become an ADR Justice Court Mediator.
return to top
Questions about Family and Civil Settlement Conferences What is a settlement conference?
A settlement conference is a pre-trial meeting between the parties, in an attempt to settle issues and avoid trial. What types of cases are eligible for a settlement conference?
Family: Marital dissolution, pre-decree cases, other cases deemed appropriate by the judge;
Civil: Tort non-motor vehicle, tort motor vehicle, contracts, medical malpractice, and other cases as deemed appropriate by the judge.
What are the advantages of a settlement conference?Decreased cost: By settling the case and avoiding trial, parties can save the expenses associated with a traditional trial.
Quicker solution: The traditional trial process is often time-consuming. By settling a dispute before trial, parties avoid the possibility of a long trial and can move on with their lives.
Increased satisfaction: Court clients participating in a settlement conference generally experience a higher level of satisfaction with the process than those who go through the traditional trial process. Where are settlement conferences held and how long do they last?
For family court cases, the settlement conference is held in the Superior Court, Central Court Building, Phoenix AZ or Alternative Dispute Resolution, Downtown Justice Center, 620 W. Jackson St., Suite 3076, Phoenix AZ. In some cases, the settlement conferences are held at locations outside the court at a location chosen by the judge pro tempore.
For civil court cases, the settlement conference is held outside the court at a location chosen by the judge pro tempore who is facilitating the session. The judge pro tempore may opt to conduct the settlement conference at Alternative Dispute Resolution, Downtown Justice Center, 620 W. Jackson St., Suite 3076, Phoenix AZ. All settlement conference participants should expect to attend the settlement conference for at least two hours.
Who presides over a settlement conference?A judge pro tempore presides over a settlement conference. A pro tem is a neutral attorney who is court-appointed to perform specific duties for the courts based on his or her experience and qualifications. What do I need to do to prepare for a settlement conference?
Be prepared to give a general description of the issues in the suit, including your views; be prepared to explain all previous negotiations and results; be prepared to discuss the possible consequences if your case proceeds to trial; bring any relevant financial, property, debt, and income information; bring any other relevant information for discussion; be prepared to communicate your needs fully, honestly, and respectfully with the judge pro tempore and with the other party. Who can attend the settlement conference?
Typically, the judge pro tempore, petitioner/plaintiff, respondent/defendant, and counsel (if represented) are the only people included in the settlement conference; however, there are exceptions under certain circumstances. Once referred to Alternative Dispute Resolution (ADR), how long before we get scheduled for a settlement conference?
Civil: Depending on the deadline to conduct the settlement conference (cases are tickled 90 days prior to the deadline then a judge pro tempore is appointed to conduct the settlement conference).
Family Court: At least 30-60 days before the trial date or if a trial date is not set, first available date. What happens if we reach an agreement in a settlement conference?
If you reach a full or partial agreement in a settlement conference, ADR will alert the judge that you participated in a settlement conference and a full or partial agreement was reached. The trial date may be vacated for full agreements. What happens if we don't reach an agreement in a settlement conference?
If you do not reach an agreement, ADR will alert the judge that you participated in a settlement conference but did not reach an agreement. Can we reach agreements prior to a settlement conference?
Yes. You need to notify the referring judge upon reaching agreements. Is the settlement conference taped or recorded?
Only if the parties reach a full or partial settlement on family court cases, then the settlement agreement is taped. Settlement agreements for civil cases are not taped.
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