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Phoenix Open Negotiation

Resolve Disputes Transparently

A woman shakes hands with a man while another woman looks on.
Under Maricopa County Superior Court Local Rule 6.5 and Rule 66(B)(5) of the Arizona Rules of Family Law Procedure, open negotiation becomes a structured process for non-confidential negotiations. A neutral third party, referred to as the Conciliator, facilitates these negotiations, aiming to resolve disputes among the involved parties. It’s crucial to emphasize that all information exchanged or gathered during open negotiation remains non-confidential. Following these rules, any unresolved issues arising from open negotiation are actively reported to the court. Moreover, this information becomes accessible for utilization by Conciliation Services or any court-appointed evaluator in subsequent family assessments or evaluations.

Mandatory Mediation and Open Negotiation

Under Maricopa County Superior Court Local Rule 6.5, Family Court cases that encompass disagreements over legal decision-making or parenting time are subject to mediation or open negotiation pertaining to these specific matters.

However, it’s important to be aware that exemptions from this requirement may be granted if one or both of the parties involved are represented by legal counsel. This emphasizes the court’s commitment to promoting a structured and fair resolution process for family law cases while allowing for some flexibility under certain circumstances.

Comprehensive Guidelines for Open Negotiation

In adherence to the Maricopa County Superior Court Local Rule 6.5 and Rule 66(B)(5) of the Arizona Rules of Family Law Procedure, the document at https://superiorcourt.maricopa.gov/media/6936/arflp-rule-66.pdf outlines a comprehensive framework for open negotiation.

This structured process, actively facilitated by a neutral third party known as the Conciliator, is designed for non-confidential negotiations with the explicit goal of resolving disputes between involved parties. Notably, all information exchanged or gathered during open negotiation is explicitly declared as non-confidential.

The document further details the protocol for reporting any lingering disputes to the court at the conclusion of open negotiation, emphasizing the subsequent utilization of this information by Conciliation Services or any court-appointed evaluator in conducting comprehensive family assessments or evaluations.