What is Alternative Dispute Resolution (ADR)?

Alternative Dispute Resolution (ADR) is a term that includes a variety of methods used to resolve conflicts and disputes between people without going to trial. Arbitration and mediation are two such techniques that can be helpful, and Juvenile Victim-Offender Conferencing (JVOC) is another. In all cases, trained volunteers are assigned to help litigants settle their civil, small claims, or juvenile court issues without the need for a trial

I want to sue someone, how do I start the process?

To file a small claims or civil lawsuit in Justice Court, fill out a ComplaintSummons and Answer form and take it to the Justice Court in which the incident occurred or in which one or both of the parties reside. Then file the claim to receive a case number for the action. If your claim is for damages in excess of $10,000.00, the process is very similar, except that you would file the claim at the Superior Court, instead.

How do I get my case heard by an Arbitrator?

The court must first refer your lawsuit to the ADR Program. Small Claims and Civil cases claiming monetary damages under $10,000 are referred to Alternative Dispute Resolution by the Justice of the Peace. Superior Court cases appropriate for arbitration are screened and sent to ADR from the Clerk of the Superior Court. ADR Program staff will then assign an Arbitrator to hear the case.

How do I get my case heard by a Mediator?

Most cases referred by the Justice Court begin as arbitrations. However, if the parties appear to be cooperative with each other, are willing to work together, and it appears that an agreement is very likely, the arbitrator can convert the arbitration session to mediation and help the litigants draft a mediated agreement that is mutually acceptable.

How long should the arbitration session take?

Justice Court arbitrations and mediations are typically scheduled to last an hour and a half. That amount of time is usually sufficient to allow each side to present their case or defense, identify and question witnesses, and offer closing statements. Each litigant should be prepared to complete the presentation of their case in 35 minutes or less. Cochise County Local Rules do, however, allow parties to request an extension of that time, upon written notice received by the ADR Office not less than ten (10) days from the date of the Notice of Hearing. Refer to Rule 12.2(G)(4) for additional details.

Are arbitrations and mediations public?

Arbitration sessions are open to the public as are most court proceedings. Mediations, however, are private and confidential and are not open to the public. If an arbitration hearing is converted to mediation with the consent of the parties, only the litigants will be allowed to remain in the hearing room.

Do I need to hire a lawyer?

You may consult with a lawyer, if you wish; however, it is not a requirement to hire an attorney, or to have him or her be at your side to represent you during the hearing. Attorneys are not permitted to participate in small claims cases. If you have a Small Claims case, a case in which the total monetary damages are less than $2500.00, and wish to hire an attorney to represent you, your attorney must file a Notice of Appearance and transfer the case to the Civil division of the Justice Court, instead.

What do I have to bring with me to arbitration?

You should be prepared to present your case in full as though you were appearing before the Judge. Please refer to the back of your Notification to Partiesform (a yellow copy which you signed) for additional information. However, before the hearing you should have:

  1. Completed your disclosure (according to the Cochise County Local Rules) not less than five days in advance of the hearing.
  2. Prepared and brought any evidence you wish to use to support your claim
  3. Notified any witnesses, ensured they will be present by summons if necessary, and shared their names and addresses with the other parties, and
  4. Prepared a sufficient number of copies of any evidentiary documents you may need to support your case, including a copy for the arbitrator.

Bring your witnesses and all of your evidentiary materials to the arbitration hearing.

Can I bring witnesses to testify on my behalf?

Yes, please check the back of your Notification to Parties form for additional information (it is usually a yellow piece of paper that you signed when you filed the complaint or answered the claim). Please note that your witnesses may be asked to wait outside the hearing until they are called to testify.

What happens if the other party fails to attend the hearing?

If the plaintiff fails to show up, and has given no valid reason for his or her absence, oftentimes the arbitrator will recommend the case be dismissed. If the defendant filed a counterclaim against this plaintiff, the arbitrator will likely hear the counterclaim in the plaintiff’s absence and make a decision on the counterclaim based on the case presented by the defendant.

If the defendant doesn’t show up, and no valid reason is given for his/her absence, the arbitrator will hear the plaintiff’s claim and make a decision based on the plaintiff’s evidence in the defendant’s absence. If there was a counterclaim by the defendant, but the defendant wasn’t there to present that case, the counterclaim will likely be dismissed.

Are the arbitrators lawyers?

Not necessarily. All of our Justice Court arbitrators are volunteers that have been trained to the standards of Cochise County Superior Court's Alternative Dispute Resolution Program. They have been certified and appointed by the Presiding Judge of the Superior Court. Many of them have had years of experience with this Program and have heard all sorts of cases. Arbitrators in Superior Court cases must, by law, be attorneys with a minimum of four years active membership in the State Bar of Arizona.

Can I appeal a mediated agreement?

No. Because mediated agreements are essentially new contracts between you and the other party rather than a judgment issued by the court, they cannot be appealed.

What if the other person fails to comply after we mediated an agreement in a civil or small claims case?

A failure to comply with the terms set out in your mediated agreement would essentially be a breach of a separate contract, and may be subject to further legal action.

Can I appeal the arbitrator’s decision?

Yes, if you believe the arbitrator has made an error on a point of law in a small claims or civil case, you may request the Justice Court review the case. Arbitration awards may be appealed.

I won my case. How do I get my money?

A copy of the arbitrator's written Notice of Decision will be mailed to each party. If neither party appeals within twenty (20) days, the arbitrator's decision will become a judgment of the court. After you received your copy of the judgment, you must make a written demand of the other party to pay the judgment amount. If they do not pay, at your request the court can provide you with the forms you may file to try to collect.

If the other party does not make full payment, you may file a request to have a writ issued. If these writs are not effective in collecting the judgment, obtaining the services of an attorney may be helpful. Please note that it is not the responsibility of the court to enforce or collect the judgment. Court staff cannot offer you legal advice but can suggest several alternative methods of procedure you may wish to follow. See also Enforcing a Judgment. You may also research the laws yourself or consult an attorney.

I lost my case. Where do I send the money?

Once the judgment has been entered, it is up to you to pay the other party. You may send payment directly to the person or entity that prevailed in arbitration, but be sure to obtain or retain proof of payment. Do not make payment to the Court. The Court does not collect money owed, or distribute payments to any party. The prevailing party should send a written demand for payment indicating the judgment amount and how to make payment. It is then your responsibility to pay the debt. Failure to do so may result in garnishment or other negative consequences.

How does ADR work in Juvenile Dependency Cases?

Juvenile Dependency cases are filed by the Attorney General’s Office in coordination with Child Protective Services after investigation finds that the parent(s) are suspected to be unwilling or unable to parent their children. The cases are filed in the Superior Court. ADR volunteers first assist in these cases by facilitating at the Pre-Hearing Conference (PHC) to help the parties (usually the case worker, the parents, their attorney, the child’s Guardian ad Litem, Court Appointed Special Advocate (CASA), or attorney, and others focused on the best interests of the minor child or children) to coordinate arrangements for the visitation, placement and other services that will be offered to the child or children and parents during the time it takes to sort out the allegations of neglect or abuse.

After the PHC is a Preliminary Protective Hearing (PPH) held in the presence of the judge who will affirm for the record the agreements reached during the PHC, and advise the parents of their rights and responsibilites for the duration of the dependency proceedings. Later, the facilitator may also be called upon to mediate with the parents and the case worker to come to agreement on the allegations contained within the State’s petition against the parents in an attempt to avoid a trial. If no agreements can be reached, the parents' rights are preserved for trial, if that becomes necessary, and the case is returned to the Court.

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