Rule 17 - Alternative Dispute Resolution(A) This rule authorizes and establishes an Alternative Dispute Resolution (ADR) program in Coconino County. The ADR program shall operate in accordance with the rules set forth in the Arizona Rules of Civil Procedure and the Arizona Rules of Family Law Procedure. ADR is available in all cases, including those subject to compulsory arbitration, upon a party's or the court's motion.(B) The ADR program is an alternative to litigation. The purpose of this rule is to afford litigants substantive justice while minimizing the expense and delay inherent in litigation. This rule will be applied and interpreted consistently with this purpose.(C) When a case is ordered to ADR, the fees charged by the ADR program will be determined according to a fee schedule established by the Board of Supervisors unless deferred or waived in the discretion of the court.(D) The parties will be responsible for all costs and fees required for the specific ADR process assigned, and those fees and costs shall be borne equally by all parties, unless the parties otherwise agree or the court for good cause shown, upon its own motion or the motion of a party, otherwise orders.(E) Failure of any party to pay an ADR fee or cost may be punishable as contempt of court, and/or may subject the offending party to sanctions under Rule 16(f), Rules of Civil Procedure.Added as Rule 18 May 31, 2002, effective 12/1/2002. Renumbered as Rule 17 and amended Nov. 1, 2007, effective 10/22/2007.COMMENT TO 2002 AMENDMENT TO RULE 18 [RENUMBERED AS RULE 17 ]
Parties are cautioned that the 2001 amendment to Rule 18 must be read in light of Martinez V. Binsfield, 196Ariz. 466 (2000), which held that Uniform Rule V(e) [now Rule 38.1(d) ] applies to cases assigned to mandatory arbitration, and repeated continuances granted by the arbitrator did not provide good cause for continuing the case on the Inactive Calendar.
HISTORICAL NOTES
The order dated May 31, 2002, provided in part:
"IT IS ORDERED that experimental Rule 18 of the Local Rules of Practice for the Coconino County Superior Court be discontinued and the attachment hereto be inserted in its place as the permanent text of Rule 18, effective December 1, 2002.
Former Rule 17 was renumbered as Rule 16 on Nov. 1, 2007, effective Oct. 22, 2007.