Item Text

36. POST DECREE OPEN NEGOTIATIONS FEE Pursuant to A.R.S. § 11-251.08, set a public hearing for September 24, 2014 to solicit comments and consider the adoption of POST DECREE OPEN NEGOTIATIONS FEE. Upon Board approval, this item will become effective September 24, 2014. Pursuant to Rule 66(B) (5) of the Arizona Rules of Family Law Procedure, open negotiation is a process of non-confidential negotiations between the parties conducted by a neutral third party (a Conciliator) in an attempt to resolve their dispute. The intent of this rule is to encourage the resolution of family- related cases through an additional non-adversarial dispute resolution process created pursuant to the authority of Rule 68(E) of the Arizona Rules of Family Law Procedure. The fee will be assessed when a request for an open negotiation is sought following dissolution of marriage and a report regarding legal decision making (formerly known as custody) or parenting time is issued for judicial review. Parties will be permitted to request a waiver or deferral of this fee utilizing the process that is established and no party will be precluded from pursuing relief solely due to inability to pay these costs. Upon Board approval, the post decree open negotiation costs will be assessed to each party that requests or is ordered to a post decree open negotiation. Requests for post decree open negotiations are directed to the Court’s Conciliation Services unit with the Family Court Department. When a post decree open negotiation is requested, a Conciliator is scheduled with the parties. Administrative support staff time is expended as is time during the open negotiation and in drafting a report for the court. The final product that is forwarded to the judicial officer for review is a completed parenting plan or the parties position statements depending on the outcome of the conference. None of these costs are currently billed to the parties and current statutes never contemplated this service provided to the parties. Regardless how well-satisfied the parties might be with initial results of their original judgment, many couples become discouraged with the court orders as they apply these directives to daily parenting time, child(ren) exchanges, support, and legal decision making issues. This leads to one or both parents coming back to the Court to seek relief. Authorizing the Post Decree Open Negotiations Fee of $100 per party will provide the Court needed resources for staff time that is expended in preparing reports for the Court. Revenue generated from this fee will be deposited into the Superior Court Special Revenue Fund 259 and used to offset the costs associated Post Decree Open Negotiations. Revenue projections for FY14 will be approximately $45,000; a full year of revenue is projected at $68,000. (C-80-15-001-2-00)

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Item Text

8. POST DECREE OPEN NEGOTIATIONS FEE Pursuant to A.R.S. §11-251.08, convene the scheduled public hearing, to solicit comments and consider the adoption of Post Decree Open Negotiations Fee. Upon Board approval, this item will become effective September 24, 2014. Pursuant to Rule 66(B)(5) of the Arizona Rules of Family Law Procedure, open negotiation is a process of non-confidential negotiations between the parties conducted by a neutral third party (a Conciliator) in an attempt to resolve their dispute. The intent of this rule is to encourage the resolution of family-related cases through an additional non-adversarial dispute resolution process created pursuant to the authority of Rule 68(E) of the Arizona Rules of Family Law Procedure. The fee will be assessed when a request for an open negotiation is sought following dissolution of marriage and a report regarding legal decision making (formerly known as custody) or parenting time is issued for judicial review. Parties will be permitted to request a waiver or deferral of this fee utilizing the process that is established and no party will be precluded from pursuing relief solely due to inability to pay these costs. Upon Board approval, the post decree open negotiation costs will be assessed to each party that requests or is ordered to a post decree open negotiation. Requests for post decree open negotiations are directed to the Court’s Conciliation Services unit with the Family Court Department. When a post decree open negotiation is requested, a Conciliator is scheduled with the parties. Administrative support staff time is expended as is time during the open negotiation and in drafting a report for the court. The final product that is forwarded to the judicial officer for review is a completed parenting plan or the parties position statements depending on the outcome of the conference. None of these costs are currently billed to the parties and current statutes never contemplated this service provided to the parties. Regardless how well-satisfied the parties might be with initial results of their original judgment, many couples become discouraged with the court orders as they apply these directives to daily parenting time, child(ren) exchanges, support, and legal decision making issues. This leads to one or both parents coming back to the Court to seek relief. Authorizing the Post Decree Open Negotiations Fee of $100 per party will provide the Court needed resources for staff time that is expended in preparing reports for the Court. Revenue generated from this fee will be deposited into the Superior Court Special Revenue Fund 259 and used to offset the costs associated Post Decree Open Negotiations. Revenue projections for FY14 will be approximately $45,000; a full year of revenue is projected at $68,000. (C-80-15-001-2-00)

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