Rule 67.4.Settlement Conferences

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

In one sentenceRule 67.4 lets the court order a settlement conference before a judge, commissioner or judge pro tempore, who may meet with one party alone and may sign a decree conforming to any agreement reached.

Full Text of Rule 67.4

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Generally. On a party's motion or on its own, the court may order the parties to attend a settlement conference. If the parties agree, the assigned judge or commissioner may conduct the settlement conference. The court also may order that another judge, a commissioner, or a judge pro tempore conduct the conference. The word “judge” when used in the remainder of this rule includes a judge, commissioner, and a judge pro tempore assigned to conduct a settlement conference. A Decree of Dissolution signed by a judge pro tempore under this rule has the same force and effect as a Decree signed by the judge or commissioner to whom the case is assigned.

(b) Procedures.

(1) Who May Attend. The court may order the parties, their attorneys, and any other person who the court deems necessary to facilitate settlement of the issues, to attend and participate in the settlement conference.

(2) Scheduling and Other Orders. The court may enter an order setting the date for the conference. The court also may enter other orders that facilitate the settlement conference. The parties and counsel are required to appear in person at all scheduled settlement conferences, and the court may impose sanctions under Rule 71 if a party fails to appear at, or participate in, the conference.

(3) Settlement Memorandum. The settlement judge may require each party to submit a settlement memorandum before a conference, and the court may impose sanctions if a party fails to do so. If a settlement memorandum is required, a party must submit it to the judge conducting the conference but must not file it with the clerk. A settlement memorandum should include the following information, along with any other information required by the court:

(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 settlement of the issues.

(c) Communication with One Party. If the court determines that it will facilitate settlement, and with consent of all those participating in the conference, the court may communicate with one party during the conference outside the presence of the other parties.

(d) Domestic Violence. On a party's motion or on its own, the court must put reasonable procedures in place to protect the victim from harm, harassment, or intimidation if it finds that domestic violence has occurred between the parties.

(e) Agreements. Any binding agreement that is reached by the parties at a settlement conference must comply with Rule 69 and include the parties' acknowledgement that:

(1) each party entered the agreement voluntarily and 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 there are minor children common to the parties, the agreement is in the best interests of the children.

(f) Findings and Approval. The judge conducting the settlement conference must make any findings under A.R.S. § 25-317 that are necessary to approve the agreement. The judge may sign any Decree of Dissolution presented that conforms to the parties' agreements.

(g) Report to the Court. If the parties reached a partial agreement or no agreement during the settlement conference, the settlement conference judge must file a brief report with the court stating that the parties met and attempted to resolve their differences, but that the settlement conference was unsuccessful. The report also must state any agreements the parties reached and the remaining unresolved issues. The report of the settlement conference judge must not include the parties' respective positions and must not comment on or offer any opinion about a party's position. The settlement conference judge also may advise the court if the parties or the judge believes that a further settlement conference would be helpful to resolve the remaining issues.

(h) Other Dispute Resolution Processes; Fees. The court may establish, approve, or administer other dispute resolution processes designed to assist the parties in resolving disputes without contested proceedings. Participants in a dispute service provided through the court may be charged a fee in accordance with the law.

End

Rule History

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

Plain-English Summary

A settlement conference is mediation run by a judicial officer. That changes both what is possible and what the parties are required to do.

Who presides, and who must attend

On motion or its own, the court may order the parties to attend. The assigned judge or commissioner may conduct it if the parties agree; otherwise the court may assign another judge, a commissioner, or a judge pro tempore. The court may order the parties, their attorneys, and any other person the court deems necessary to facilitate settlement to attend and participate.

Attendance is not optional. The parties and counsel are required to appear in person, and the court may impose Rule 71 sanctions for failing to appear at or participate in the conference.

The settlement memorandum

The settlement judge may require one, with sanctions available if a party does not comply. It is submitted to the judge and not filed with the clerk, and should describe the issues and the party's position on each with the supporting evidence; attach a current Affidavit of Financial Information, a debt list and an inventory of community or joint assets with acquisition dates, encumbrances and present values where finances are at issue; summarize prior negotiations; and add anything else the party thinks will help.

Meeting with one side

Section (c) authorizes what would otherwise be improper: if the court determines it will facilitate settlement, and with the consent of all those participating, the court may communicate with one party outside the presence of the others. That is the caucus that makes settlement work, and the rule requires consent before it happens.

Agreements, findings, and the decree

A binding agreement must comply with Rule 69 and include the parties' acknowledgment that each entered it voluntarily and without threat or undue influence, after full disclosure; that each intends it to be final and binding; that it is fair and equitable; and, where there are minor children, that it is in the children's best interests. The settlement judge must make any findings required under A.R.S. section 25-317 and may sign a Decree of Dissolution conforming to the agreements -- with, under section (a), the same force and effect as one signed by the assigned judge.

Reporting back, and domestic violence

If there is partial or no agreement, the settlement judge files a brief report that the parties met and attempted to resolve their differences unsuccessfully, stating any agreements and the remaining issues -- and, like the mediator's report under Rule 67.3, it must not include the parties' respective positions or comment or offer an opinion on them. That protects the parties before the trial judge who will decide the case.

On motion or its own, the court must put reasonable procedures in place to protect a victim from harm, harassment or intimidation if it finds domestic violence has occurred.

Frequently Asked Questions

Do I have to attend a settlement conference in person?

Yes. Rule 67.4(b)(2) requires the parties and counsel to appear in person at all scheduled settlement conferences and allows the court to impose sanctions under Rule 71 if a party fails to appear at or participate in the conference.

Can the settlement judge meet with just one side?

Rule 67.4(c) allows it if the court determines it will facilitate settlement and all those participating in the conference consent.

Can the judge who hears my trial run the settlement conference?

Only if the parties agree. Rule 67.4(a) allows the assigned judge or commissioner to conduct the conference if the parties agree, and otherwise allows the court to order another judge, a commissioner, or a judge pro tempore to do it.

What does the trial judge learn about what happened?

Rule 67.4(g) limits the report to the fact that the parties met and attempted to resolve their differences unsuccessfully, any agreements reached, and the remaining unresolved issues. It must not include the parties' respective positions or comment or offer any opinion about a party's position.

Can a decree be signed at the settlement conference?

Yes. Rule 67.4(f) allows the judge conducting the conference to make the findings required under A.R.S. section 25-317 and to sign any Decree of Dissolution presented that conforms to the parties' agreements.

Is the settlement memorandum part of the court file?

No. Rule 67.4(b)(3) requires a party to submit it to the judge conducting the conference but not to file it with the clerk.

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: settlement conferencesettlement memorandumjudge pro temporecaucussettlement judgebinding agreement