Rule 67.3.Private Mediation

Part VIII. Settlement and Alternative Dispute Resolution (“ADR”) · Last amended January 1, 2019 · Last verified September 4, 2026

In one sentenceRule 67.3 governs private mediation -- confidential, voluntary even when the court orders attendance, and with strict limits on what the mediator may tell the judge.

Full Text of Rule 67.3

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n)

(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). Although the court may order a party to appear for a mediation conference, participation in mediation is voluntary.

(b) Confidentiality; Communications with the Court; Other Roles of the Mediator.

(1) Confidentiality. Mediation conferences are conducted privately. Oral and written communications exchanged during a mediation are confidential. Unless these rules specifically state otherwise, the provisions of A.R.S. § 12-2238 apply to mediation conferences under this rule.

(2) Communications with the Court. The mediator must not communicate with the assigned judge or commissioner about anything that was said, submitted, or done before or during the mediation, except:

(A) the mediator may advise the court in writing about the mediation schedule and any procedural matter related to the mediation, so long as the substance of what the parties or their counsel say or do during the mediation remains confidential;

(B) the mediator may report matters to the court if the parties agree or if the law requires or permits the disclosure;

(C) the mediator may report to the court a party's failure to appear at a scheduled mediation conference as required under section (k), or a party's failure to submit a mediation memo as required by the mediator under section (l); and

(D) the mediator may report to the court information as allowed in section (n).

(3) Other Roles of a Mediator. The mediator may not conduct any other form of dispute resolution process in the same case, unless the parties agree and the court approves.

(d) Privately Retained Mediator. The parties may agree to, and jointly select, a private mediator. The parties must sign and file a notice that states that private mediation will take place, identifies the name of the jointly selected mediator, and specifies the date set for the initial mediation conference.

(e) Court-Selected Private Mediator. The parties may ask the court to select a mediator for them from a list of private mediators they provide to the court.

(f) Payment for a Private Mediator's Services. The parties must contract directly with a private mediator and be responsible for payment of the mediator's fees. Unless the parties agree or the court orders otherwise, the cost of mediation must be shared equally by the parties.

(g) Judges Pro Tempore as Mediators.

(1) Request. The parties may ask the court to appoint an active judge pro tempore in good standing to conduct a private mediation. The request must be accompanied by a signed affidavit stating that the judge pro tempore is active and in good standing and was appointed by the Supreme Court at the request of the presiding judge of the superior court in that county.

(2) Order. A court order appointing a judge pro tempore to conduct a private mediation may authorize the mediator to:

(A) approve binding agreements made by the parties that comply with Rule 69;

(B) make any findings necessary to approve party agreements under A.R.S. § 25-317;

(D) sign any Decree of Dissolution that conforms to the agreements reached by the parties.

(3) Effect. A Decree of Dissolution signed by a judge pro tempore under subpart (g)(2) has the same force and effect as a Decree of Dissolution signed by a judge or court commissioner. The judge pro tempore must promptly deliver the signed decree to the judge who authorized the judge pro tempore to conduct the mediation, and that judge will file the decree and enter it into the court's minutes.

(4) Payment for a Judge Pro Tempore's Services. The parties may pay a judge pro tempore for his or her services as a private mediator. But the parties may not pay, and the judge pro tempore may not ask them for, remuneration or anything of value for his or her service as a judge pro tempore involving the approval of agreements, or for signing a Decree of Dissolution.

(h) Discretion to Order Mediation. On agreement of the parties, the court may enter an order referring a matter to mediation. The court may decline to refer a matter to mediation if it appears that mediation is inappropriate because of parental unfitness, substance abuse, mental incapacity, domestic violence, or other good cause, or because mediation will cause undue delay.

(i) Consideration of Domestic Violence.

(1) Limit on Referring a Matter to Mediation. In a case concerning legal decision-making or parenting time, if an order of protection is in effect involving the parties or if the court finds that a party's conduct would justify the entry of a protective order, the court may order mediation or refer the parties to mediation only if policies and procedures are in place that protect the victim from harm, harassment, or intimidation.

(2) Disclosure. Before a mediation, the court must notify parties in writing or orally in open court of their right to ask to waive mediation, or to ask the court to order reasonable procedures at the mediation, to protect a victim of domestic violence. A party is not required to appear for mediation pending the court's ruling on such a request.

(3) Mediator's Duty. The mediator must decline to mediate, or must terminate mediation, if the mediator determines that domestic violence makes mediation inappropriate.

(j) Applications for Default. Upon entry of an order to mediate or a referral to mediation, and unless the court orders otherwise, a party may not file an application for entry of default until the mediator files a report advising that the mediation has concluded.

(k) Scheduling Mediation Conferences; Persons Who May Attend.

(1) Scheduling. After the court has entered an order or referral to mediation, the mediator will schedule joint or individual conferences with the parties. Each party must attend conferences as the mediator directs.

(2) Persons Who May Attend. The mediator may permit persons other than parties and their counsel to attend or participate in a mediation, if those other persons agree in writing to be bound by this rule's confidentiality provisions. Counsel for a party may be excluded from a private mediation conference only if the party and counsel agree. However, a conciliation court mediator or conciliation court policy may authorize the exclusion of counsel.

(3) Failure of a Party to Appear. The parties are required to appear at mediation conferences as the mediator directs. The mediator must report to the court the identity of a party who fails to appear, and the court may impose sanctions on that party under Rule 71.

(4) Failure to Complete Mediation. The court will not continue a scheduled trial or hearing based on a failure to complete mediation unless a party shows good cause for the continuance.

(l) Mediation Statement.

(1) Generally. The mediator may require each party to submit a mediation statement before a conference, and the court may impose sanctions if a party fails to do so. If a mediation statement is required, a party must submit it to the mediator but must not file it with the clerk.

(2) Content. A mediation statement must include the following information along with any other information required by the mediator:

(A) a general description of the issues in dispute, the party's position on each issue, and the evidence that will be presented to support the party's position;

(B) if the issues involve financial matters, a current Affidavit of Financial Information, a list of outstanding debts and the party responsible for each debt, and an inventory of community or joint assets, including dates of acquisition, amounts of encumbrances, and present values;

(D) any other information the party believes will be helpful to resolving the issues.

(m) Binding Agreements in Mediation. Any binding agreement reached by the parties during a private mediation must comply with Rule 69. Any agreement between the parties during the mediation must contain their acknowledgement that:

(1) each party entered the agreement voluntarily, without threat or undue influence, and after full disclosure of all relevant facts and information;

(2) each party intends the agreement to be final and binding;

(3) the agreement is fair and equitable; and

(4) if the parties have minor children in common, the agreement is in the best interests of the children.

(n) Report to the Court.

(1) By the Parties. The parties must notify the court when the mediation has concluded and advise the court of any agreements that fully resolve their issues. The parties must provide this notice not later than 10 days after the mediation concludes, but also not later than 10 days before the date set for trial or hearing.

(2) By the Mediator. If the parties reach a partial agreement or no agreement during mediation, the mediator must file a brief report with the court stating that the parties met and attempted to resolve their differences but that the mediation was unsuccessful. The report also must state any agreements the parties reached and the remaining unresolved issues. The mediator must not report the parties' respective positions and must not comment on or offer any opinion about a party's position. The mediator also may advise the court if the parties or the mediator believes that further mediation would be helpful for resolving the remaining issues.

End

Rule History

Added Aug. 30, 2018, effective Jan. 1, 2019.

Plain-English Summary

Rule 67.3 covers mediation the parties arrange and pay for. Conciliation court mediation is Rule 68.

Ordered attendance, voluntary participation

The first paragraph draws the line the whole rule depends on: although the court may order a party to appear for a mediation conference, participation in mediation is voluntary. Attendance can be compelled; agreement cannot.

What the mediator may tell the court

Communications exchanged during mediation are confidential, and A.R.S. section 12-2238 applies. The mediator must not communicate with the assigned judge about anything said, submitted or done -- with four exceptions: the mediation schedule and procedural matters; matters the parties agree to or the law requires or permits; a party's failure to appear or to submit a required mediation statement; and the limited end-of-process report in section (n).

Even that final report is constrained. If there is partial or no agreement, the mediator files a brief report saying the parties met and attempted to resolve their differences unsuccessfully, stating any agreements reached and the remaining issues -- and must not report the parties' respective positions or comment or offer any opinion about a party's position. The mediator may say whether further mediation would help.

A mediator may not conduct any other dispute resolution process in the same case unless the parties agree and the court approves.

Selection and cost

The parties may jointly select a mediator and file a notice naming them and the first conference date, or ask the court to choose from a list they supply. They contract directly and are responsible for fees, shared equally unless they agree or the court orders otherwise.

Judges pro tempore

Section (g) is unusual. The parties may ask the court to appoint an active judge pro tempore in good standing, on an affidavit confirming that status. The appointment order may authorize that person to approve Rule 69 binding agreements, make the findings needed under A.R.S. section 25-317, make the jurisdictional findings under sections 25-312 or 25-313, and sign a Decree of Dissolution conforming to the parties' agreements -- with the same force and effect as one signed by a judge.

The compensation line matters: the parties may pay a judge pro tempore for mediation services, but may not pay, and the judge pro tempore may not ask for, anything of value for approving agreements or signing a decree. The judicial acts are unpaid.

Domestic violence

The court may decline to refer a matter where mediation is inappropriate because of parental unfitness, substance abuse, mental incapacity, domestic violence, or undue delay. In a case concerning legal decision-making or parenting time, where a protective order is in effect or the court finds conduct that would justify one, mediation may be ordered only if protective policies and procedures are in place. The court must notify parties of their right to ask to waive mediation or to request protective procedures, and a party need not appear pending that ruling. Independently, the mediator must decline or terminate if domestic violence makes mediation inappropriate.

Two practical provisions

Once mediation is ordered or referred, no application for default may be filed until the mediator reports the mediation concluded. And the court will not continue a trial because mediation was not completed, absent good cause. The parties must notify the court within 10 days after mediation concludes, and in any event not later than 10 days before the trial date.

Frequently Asked Questions

Can the court force me to settle in mediation?

No. Rule 67.3(a) says that although the court may order a party to appear for a mediation conference, participation in mediation is voluntary.

What can the mediator tell the judge?

Rule 67.3(b)(2) bars the mediator from communicating with the assigned judge about anything said, submitted or done, except the schedule and procedural matters, matters the parties agree to or the law requires, a failure to appear or to submit a required mediation statement, and the limited report allowed by section (n).

Can a judge pro tempore sign our decree at mediation?

Rule 67.3(g)(2) allows an appointment order to authorize a judge pro tempore to approve binding agreements, make the necessary statutory findings, and sign a Decree of Dissolution conforming to the parties' agreements, which Rule 67.3(g)(3) gives the same force and effect as one signed by a judge or commissioner.

Can I be charged for the judge pro tempore signing the decree?

No. Rule 67.3(g)(4) allows payment for mediation services but says the parties may not pay, and the judge pro tempore may not ask for, remuneration or anything of value for service involving the approval of agreements or for signing a Decree of Dissolution.

Can I ask to skip mediation because of domestic violence?

Rule 67.3(i)(2) requires the court to notify parties of their right to ask to waive mediation or to request reasonable protective procedures, and says a party is not required to appear pending the ruling. Rule 67.3(i)(3) separately requires the mediator to decline or terminate mediation if domestic violence makes it inappropriate.

Can a default be taken while mediation is pending?

No. Rule 67.3(j) bars filing an application for entry of default, once mediation is ordered or referred, until the mediator files a report advising that the mediation has concluded, unless the court orders otherwise.

Source & verification. Rule text and Rule History reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text

Also known as: private mediationmediatormediation confidentialityjudge pro temporemediation statementwaive mediation12-2238