REQUEST TO ASSESS NEW POST DECREE OPEN NEGOTIATIONS FEE ATTACHMENT.PDF
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JUDICIAL BRANCH OF ARIZONA Superior Court of Arizona in Maricopa County Date: July 22, 2014 Request to Assess New Post Decree Open Negotiations Fees Pursuant to A.R.S. § 11-251.08, the Superior Court of Arizona for Maricopa County requests the Maricopa County Board of Supervisors (BOS) to authorize and approve the establishment of a Post Decree Open Negotiation fee of $100 per party. The $100 Open Negotiation fee will recoup funds expended on staff salaries that conduct these conferences. 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) to 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. Open Negotiation has been available as a service since July 1, 2013 for cases in a pre– decree status. Confidential mediation is the closest service to show a comparison. The Board of Supervisors approved a $100 Post Decree Mediation Fee in 2008. Pre Decree Mediation made up approximately 20% of the total number of mediations for each of the last two fiscal years. Anticipating the same percentages would apply to Open Negotiations with the 80 pre decree Open Negotiations for FY2014 (representing 20% of the total) the projection in FY2015 for Post Decree Open Negotiations would be 340. At $100 per party, 340 Post Decree Open Negotiations would represent $68,000 (340 by $100 by 2 parties). While having both Mediation and Open Negotiation available provides a large array of options for Family Court litigants and the bench to utilize in resolving disputes it should be noted the two services address the same issues; the main difference being mediation is confidential and open negations is not. Thus they will likely compete for the same niche of services and increase in Open Negotiations may result in a decrease in Mediation and vice versa. Accordingly an actual change in revenue is difficult to predict. It should be noted that if the litigants were required to obtain this service in the community the average cost is $270 per hour. At four hours that is a cost of $1,080 ($540 per person); more than five times the requested fee. Each Open Negotiation averages four hours of Conciliator time (preparation, conference, and completing a report for the court) and one hour of staff time (scheduling, processing and distributing). The average salary of the current Conciliation staff is $31.85 per hour with an hourly ERE of $10.43 (fixed rate of $4.28 and variable rate of 19.31%) for a total of $42.28 per hour. The cost for four hours is $169.12. The average salary of the staff in the Family Court Judicial Clerk series (staff) is $17.10 per hour with an hourly ERE of $10.43 for a total of $27.53 per hour. The cost for 1.5 hours is $41.30. Adding the Conciliator cost ($169.12) and the staff cost ($41.30) totals $210.42 for the personnel cost of providing Open Negotiation, which is greater than the proposed $100 per party cost. Other miscellaneous costs such as supplies, equipment, building and court costs (such as judicial officer and staff time) are not included but would certainly add to the Open Negotiation cost of providing service. This fee does not require approval from the Arizona Supreme Court Administrative Office of Courts. The assessment of the fee would commence following BOS approval of the fee. The Court is seeking for the fee to be deposited into a special revenue fund that will be determined by the Judicial Branch Finance Department. Conciliation Staff Total average hourly rate $ 31.85 $ 17.10 fixed rate ERE $ 4.28 $ 4.28 variable rate ERE $ 6.15 $ 6.15 total salary $ 42.28 $ 27.53 # hours spent 4.0 1.50 Cost $ 169.12 $ 41.30 $ 210.42 FY2013 (7/1/12 - 6/30/13) SERVICE # % Mediation (Post Decree) 1696 79.80% Mediation (Pre Decree) 430 20.20% Open Negotiation 0 0.00% Total 2126 100.00% FY2014 (7/1/13 - 6/3/14) SERVICE # % Mediation (Post Decree) 1435 78.63% Mediation (Pre Decree) 310 16.99% Open Negotiations 80 4.38% Total 1825 100.00%