Below are the slides for the class. I was wondering if you could please answer the questions provided in the slides and explain them. Could you also add any important notes for the questions and other bullet points as well. For exam studying purposes. Or if you know documents/website that may help, a lot of material is Arizona specific too.

\f* The Family Law Rules were the first Arizona Court rules to have a dedicated section to \"alternatives\" to court litigation with an \"encouragement\" to resolve family law cases using nonadversarial means to resolve. Rule 66. * By Court rule, the court has the ability to direct the parties to discuss the use of ADR in every case. * Parties have a duty to consider ADR. Rule 66(d) Types of Pre-Decree ADR in Family Law * Mediation-A non-judge facilitated-private However, a mediator can be appointed as a judge pro tempore and serve as a non-paid judge if agreements are reached. * Settlement Conference-judge facilitated * Conciliation Court Services: Mediation for LD and PT Arbitration: Rule 67.2 "Uniform Family Law Arbitration Rule" (Thanks to Prof. Atwood) * Collaborative Law process---Maggie Schmidt. Family Law master* Except for Arbitration and Master, the proceedings are confidential * Mediation: A.R.S. 12-2238 and Arizona Family Rules of Family Law Procedure (ARFLP), Rule 67.3 (b)(1) * Settlement Conferences: Rule 67(g) * Settlement discussions: Rule of Evidence 408 * Caveat: Attorneys Fees under A.R.S 25-324 as to the reasonableness of a parties' positions. Request findings. * Private Mediation is voluntary. Mediator/Judge Pro Tempore appointment. * Parties must participate in good faith. * Attorneys may or may not be present. * lf attorneys are not present, parties are advised to consult with attorneys before final commitment to any agreement. * More selfrepresented parties are retaining mediators, instead of hiring an attorney, to assist in initiating Dissolution proceedings & resolving the issues. * Mediator will serve as document preparer to draft the Petition for Dissolution and supporting documents to initiate the action. * The parties then engage in the mediation process to resolve pending issues. * Mediator can give legal informationot legal advice. * Settlement conferences are compelled by court order. * Participation is mandatory. * If a party does not select another dispute resolution, the court will order a settlement conference. MEDIATION-DEFINED * A NEGIOTATION FACILITATED BY A NEUTRAL THIRD- PARTY. * THE DECISIONMAKERS ARE THE PARTIES, NOT THE NEUTRAL.* DISADVANTAGES: Costs Money (less than Court); may not result in resolution of dispute requiring further action. * ADVANTAGES: * Puts parties in control; * Can be creative; * Preserves relationships by increasing communication, reducing tensions and increasing trust; * Confidential ( most times); * Quicker resolution than going to court * Reduces costs by avoiding or limiting litigation * Provides an opportunity to identify and address interests, not just rights (positions); * More commitment by the parties to a mediated result than a decision by a third party. * FinalityNo appeals * DISADVANTAGES: Costs Money (less than Court); may not result in resolution of dispute requiring further action. * ADVANTAGES: * Puts parties in control; * Can be creative; * Preserves relationships by increasing communication, reducing tensions and increasing trust; * Confidential ( most times); * Quicker resolution than going to court * Reduces costs by avoiding or limiting litigation * Provides and opportunity to identify and address interests, not just rights (positions); * More commitment by the parties to a mediated result than a decision by a third party. * Finality Mediation is generally not appropriate if DV is significant. What if attorney present??? Settlement conferencespecial considerations and accommodations. FourwayVictim and alleged perpetrator in different rooms lVlust ensure that the parties have equal power * May not be able to effectively conduct a mediation where there is mental illness (including personality disorders) or substance abuse. * Special concerns if selfrepresented. * Issues with cognitive decline/ dementia * I am always monitoring mediations without attorneys to ensure that both parties have the same information, all needed information and resources to make a decision and express an equal voice. * Referral to outside resources, including accountants, financial advisors and emotional support, such as counseling. * Be tuned to \"influencers\" not in the room. May need to bring them in. * Caucusing (meeting separately with the parties) generally good to do if emotions are high and a party needs to express position without other side present and to allow the mediator to help the party consider a different position. * Many times a person just needs to tell their story. When they feel heard and understood, they are in a better position to negotiate. * Helpful to see the parties together. What is their dynamic? * ARFLP Rule 69 * A binding agreement if: 1. Agreement is in writing (can be a collection of writings) and signed by the parties or their attorneys; or Terms of agreement set forth on \"record\" before a judicial officer; or Terms of the agreement are set forth on any audio recording device before a mediator or settlement conference officer appointed by the court. * Anticipating Violent responses. * Video mediation has help to limit the control an abuser tries to assert. * Mediator should anticipate strong emotions and seek to manage them. * Make sure the person feels heard. * Acknowledgment qt Agreement. * This dispute resolution tool is used for parents who have joint legal decision-making (custody) of their children and have difficulty making decisions together in the best interests of their children. Must be a licensed attorney or behavior health provider with specialized training in areas of child development, child abuse, domestic violence, personality disorders, conflict resolution * Parents must agree to their parenting coordinator and agree they have the funds to pay the fees as their parenting coordinator.(Limited free PC services offered by the Conciliation Court for those without financial resources.) * lVlost appointments are for one year and are renewable with the agreement of the parents. Quick decision on an issue. Court resolution of an issue can easily taken 6 months and the expense of attorneys and filing fees. Issue may be moot by then. A PC must file decision within five days of getting information to make decision. Less expensive than court. No filing fees. No or less attorney's fees. Hopefully Stress between parents is reduced. This equals happier children. Kep_t Confidential on sensitive issues. Can have the Decision sealed; no public access without court order. Underlying \"evidence\" not publicly available. * Anything that parents would decide for their children including matters related to health, education, religious training and personal care (e.g. tattoos). * Parenting time adjustments, including vacation times. * Communication between parents, including how and style of communication. * Parenting Plan and the law are guides. I work for your children and my goal is for me not to need me. I try to help parents to be able to make joint decisions without my intervention. 1 am the \"last resort.\" I remain on retainerjust in case an issue arises the parents cannot resolve. I do not have a confidential relationship with the parents. They both have access to whatever information I have. Just a Few Examples of PC Decisions * During COVID: In person v. remote schooling Exposure to unvaccinated people When children and adults around children should get COVID tested Vaccinations * Counseling: For children, for parents, for children and parents. Who should be the counselor? * Braces: Should a child get and when and which dentist. * Child Cell Phone access and limitations: What apps and parental controlsSchool choice: Which school should a child attend? Vacation times: When, where, and how to travel and if the child can travel alone and communications with the non-vacationing parent. Adjustment of parenting time for family reunions, funerals, children's activities. Activities for the child: for example: football, tutoring, dance. Birthday parties for the child and others. Who is giving the \"big\" party? Religious events: Baptisms, etc. Where? Who can attend? Parent participation? The Parents shall first try to resolve between themselves. If not resolved, a Parent submits an issue to the PC for decision. The parent provides the facts and documentation for his/her position. Response: Within a time defined by the PC, the other parent provides his/her position and facts. Facilitation of a resolution: The PC works with the parents to come to an agreement. Can meet in person, on video, phone or by email communication. My approach: * Outside information: PC can get input from children (if older), school (teachers and administrators), doctors, counselors, and others with pertinent information. * Decision by PC: If no agreement, the PC decides.PC makes a decision: After receiving needed information, a decision is reduced to writing Submitted to Court: Decision and Proposed Order is submitted to the Court. Court action: The judge can accept, reject or modify a decision/recommendation or set for hearing. Parent actions: If parent disagrees with the judge's order regarding a decision, he/she has 20 days to object and request a hearing. PC authority: Unless PC acted outside authority, decision is usually upheld by the judge after hearing. * Guardianship is court ordered when an adult is incapacitated and needs a guardian to make decisions for him/her. * Disabled adult child where parents are coguardians and joint custodians. * incapacitated adult where more than one family member is involved in care of the person under a guardianship or are co-guardians. Use mediation/ arbitration model. The greatest challenge to any thinker is stating the problem in a way that will allow a solution. -Bertrand Russell You never really understand a person until you consider things from his point of view. Atticus Finch, To Kill a Mockingbird Collaborative Law Group of Southern Arizona Original PowerPoint from the International Academy of Collaborative Practitioners (IACP) Edited and presented by Maggie Higgins Schmidt, Esq INTRODUCTION TO COLLABORATIVE PRACTICE IACPWhat is Collaborative Practice? Collaborative Practice is a voluntary dispute resolution process in which clients create a durable agreement without resorting to litigation. Governed by Rule 67.1, Arizona Rules of Family Law 0 Procedure. I h. A Team Process Each client is represented by a Collaborative lawyer. The team often includes neutral professionals: . Mental Health Professionals, Child Specialists . Financial Professionals . Other Professionals and/or Experts as agreedDefining Characteristics Open and honest communication, with full disclosure of information Neutral experts retained jointly Commitment to resolving the dispute without litigation Shared solutions through interest-based negotiationsPositional vs. Interest Based Negotiation Interest Based Positional Bargaining Negotiating - Clients are adversaries - Clients are joint problem- - Demand/Entitlement based solvers - Argue individual fixed - Needs/Concerns based outcome - Create mutually beneficial - Win/Lose focus outcome - Win/Win focusCollaborative Lawyers Represent Clients while maintaining the Core Principles of the Collaborative Process Advise Clients regarding legal rights and responsibilities ' Respectfully advocate for Clients through the Collaborative Process ' Work with the Team to develop settlement options ' Facilitate a final settlement agreement Draft necessary legal documents, ensuring compliance with local laws ' Ensure that agreements are finalized and approved by the Court Mental Health Professionals Process Facilitator/Coach: ' Can lead Team Meetings ' Craft Parenting Plan with the clients ' Assess & manage communication dynamics between the clients and the Collaborative Team Support emotional needs ' Help clients to focus on concerns and interests of the entire family Mental Health Professionals Child Specialist: Give children a voice with a focus on identifying needs Provide information on children's developmental needs Guide parents in reaching an agreement that addresses the children's needs Financial Professionals Efficiently gather and organize all financial information Educate clients and team Illustrate client options Lead financial option generating and analyses Focus on short and long term outcomes Other Professionals Examples include: ' Tax Accountants Business or Estate Lawyers Real Estate Professionals and Appraisers Financial Planners Mortgage Lenders Credit/Debt Counselor Medical and/or Mental Health Providers for the clients or the children Benefits of the Collaborative Process to the Clients . Constructive, respectful approach that values and preserves relationships Reduces conflict and stress on family . Simplifies sharing of information . Creative solutions driven by client needs and interests Allows clients to preserve privacy . Clients help control pace of process Plants seeds for healthier post-conflict relationshipsCollaborative Practice Allows Clients to: . Maintain their privacy . Control the pace of the process Value intangible interests Focus resources to create best outcomes Receive support based on specific family needsCases Suitable For Collaborative Practice . Prenuptial/Postnuptial . Divorce . Paternity/Parentage . Modifications Enforcement . Domestic violence issues (special considerations/safeguards in place)Benefits of Collaborative Practice for Professionals Provides time and space for thoughtful, creative, high-quality work product Less stress/greater satisfaction Greater ability to set work schedule Fosters the development of satisfying BENEFITS relationships with other professionals Satisfying case outcomes for clients and professionals Professional fees are paid (no collections)\fHow to become a Collaborative Professional . Introductory Collaborative Training . Join a practice group . Other requirements in the IACP Standards and Ethics CDFA certificate for financial neutrals