Arizona Motion By Plaintiff to Refer Cause to Mediation

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Multi-State
Control #:
US-01006BG
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Word; 
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Description

Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening.

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FAQ

If a judgment requires a party to convey land, to deliver a deed or other document, or to perform any other specific act and the party fails to comply within the time specified, the court may order the act to be done-at the disobedient party's expense-by another person appointed by the court.

Rule 72 - Suitability for Arbitration (a) Decision to Require Compulsory Arbitration. Rules 72 through 77 apply if the superior court in a county, by a majority vote of the judges in that county, decides to require arbitration of certain claims and establishes jurisdictional limits by local rule under A.R.S.

(e) Motion; Service. A sealed court record will be unsealed only upon stipulation of all the parties, on the court's own motion, or on a motion filed by a party or another person. A motion to unseal a court record must be served on all parties to the action in ance with the applicable rules of service.

On timely motion, the court may permit anyone to intervene who: (A) has a conditional right to intervene under a statute; or (B) has a claim or defense that shares with the main action a common question of law or fact.

Mediation may be appropriate when: Parties are having difficulties resolving the dispute because of lack of conflict resolution skills or because of resistance to confronting, or being confronted by, the other party.

(g) Disqualifying or Excusing an Arbitrator. (1)Disqualifying an Arbitrator. On motion, the court may disqualify an appointed arbitrator from serving in a particular action. The motion must be in writing and establish that the arbitrator has an ethical conflict of interest or that other good cause exists under A.R.S.

(1) Generally. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration. (2) Procedure. All such motions, however denominated, must be submitted without oral argument and without the filing of a responsive or reply memorandum, unless the court orders otherwise.

Rule 67.3 - Private Mediation (a)Generally. Private mediation is a voluntary and confidential process in which parties confer with a neutral mediator to help them resolve the dispute. The parties may retain a private mediator under Rule 67.3(d), or a private mediator may be selected by the court under Rule 67.3(e).

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Arizona Motion By Plaintiff to Refer Cause to Mediation