Alternative Dispute Resolution Statement to Court form. On December 1, 2001, a change in the Arizona Rules of Civil Procedure (A.R.C.P. 16(g) imposed a duty on parties in any dispute before the courts to talk to each other (by telephone or in person) about the possibility of settlement and about whether some type of ADR (Alternative Dispute Resolution) process might help them to reach settlement. The Rule requires the parties to report to the court that they have discussed settlement or ADR, to inform the court about which ADR process (if any) they prefer, and when they expect to complete the process.
In Phoenix, Arizona, the Alternative Dispute Resolution (ADR) Statement to the Court is a formal document submitted by parties involved in a legal dispute to inform the court about the ongoing ADR process. ADR refers to the methods utilized to reach a resolution outside traditional litigation, such as negotiations, mediation, arbitration, or settlement conferences. The ADR Statement serves as a comprehensive overview of the dispute and the ADR methods being employed to resolve it. It contains relevant keywords that outline the nature of the case, the participating parties, and the specific ADR process being utilized. The document highlights the willingness of the parties to engage in ADR and their commitment to finding a mutually acceptable solution. There are different types of ADR Statements to the Court, namely: 1. Mediation ADR Statement: This statement specifically focuses on the mediation process, which involves a neutral third party mediator facilitating communication between the disputing parties. It outlines the mediator's credentials, the date and location of mediation sessions, and any agreed-upon ground rules. 2. Arbitration ADR Statement: This statement pertains to the arbitration process, where an impartial arbitrator or panel examines the arguments and evidence presented by the parties and makes a binding or non-binding decision. The ADR Statement includes the chosen arbitrator(s), the arbitration hearing dates, and any agreed-upon procedures. 3. Settlement Conference ADR Statement: This type of statement outlines the relevant details of the settlement conference process, where the parties meet with a neutral facilitator to explore potential agreements. It includes the facilitator's name, the conference schedule, and any specific issues or documents that will be addressed during the conference. 4. Collaborative Law ADR Statement: In cases involving family law or employment disputes, the collaborative law ADR Statement elaborates on the collaborative process. This approach promotes open communication, negotiation, and settlement to maintain relationships and avoid litigation. It outlines the collaborative professionals involved, the duration of the process, and any agreed-upon guidelines. Overall, the ADR Statement to the Court acts as a comprehensive summary of the ADR process being employed in the dispute, ensuring the court's awareness of the parties' efforts to resolve the matter amicably while promoting efficiency and preserving their autonomy in decision-making.
