§ Rule 16.1 Settlement Conferences: Objectives
Rule 16.1. Settlement Conferences: Objectives
(a) Mandatory Settlement Conferences. Except as to lower court appeals, medical malpractice cases, and cases subject to compulsory arbitration under A.R.S. § 12-133, in any action in which a motion to set and certificate of readiness is filed, the court, at the request of any party, shall, except for good cause shown, direct the parties, the attorneys for the parties and, if appropriate, representatives of the parties having authority to settle, to participate either in person or, with leave of court, by telephone, in a conference or conferences before trial for the purpose of facilitating settlement. Unless otherwise ordered by the court, all requests for settlement conferences shall be made not later than 60 days prior to trial. The court may also schedule a settlement conference upon its own motion.
In medical malpractice cases, the court shall conduct a mandatory settlement conference no earlier than four (4) months after the conduct of the comprehensive pretrial conference and no later than thirty (30) days before trial.
(b) Scheduling and Planning. The court shall enter an order that sets the date for the settlement conference, a deadline for furnishing settlement conference memoranda, and other matters appropriate in the circumstances of the case. An order setting a settlement conference shall not be modified except by leave of court upon a showing of good cause.
(c) Settlement Conference Memoranda. At least five (5) days prior to the settlement conference, each party shall furnish the court with a separate memorandum. In non-medical malpractice cases, the memorandum shall not be filed with the clerk of the court, and the parties shall furnish the memoranda sealed to the division assigned to the case. In medical
malpractice cases, the settlement conference memoranda shall be filed and exchanged. Each memorandum shall address the following:
(1) a general description of the issues in the lawsuit, and the positions of each party with respect to each issue;
(2) a general description of the evidence that will be presented by each side with respect to each issue;
(3) a summary of the settlement negotiations that have previously occurred;
(4) an assessment by each party of the anticipated result if the matter did proceed to trial; and
(5) any other information each party believes will be helpful to the settlement process.
No part of any settlement conference memorandum shall be admissible at trial.
(d) Attendance. Settlement conferences shall be attended by all of the parties to the litigation and their counsel unless specifically excused for good cause by the court. In addition, the defendants shall have a representative present with actual authority to enter into a binding settlement agreement. All participants shall appear in person except pursuant to stipulation of the parties or order of the court.
(e) Confidentiality. The court shall order that discussions in settlement conferences shall be confidential among the parties, their counsel and the court.
(f) Discretion to Transfer. The court, upon its own motion, or upon the motion of a party, may transfer the settlement conference to another division of the court, willing to conduct the settlement conference.
(g) Ex Parte Communications. At any settlement conference conducted pursuant to this Rule, the court, with the consent of all those participating in the conference, may engage in ex parte communications if the court determines that will facilitate the settlement of the case.
(h) Sanctions. The provisions of Rule 16(f) of these Rules concerning sanctions shall apply to a conference provided for by this rule.