Tuesday, January 29, 2013

What is an Arizona Early Resolution Management Conference?



What is an Arizona Early Resolution Management Conference?

Once you have filed a family law case in Arizona, which includes divorce, child custody and paternity cases, the court may set an Arizona Early Resolution Conference (ERC). The Early Resolution Conference is usually scheduled in cases where both parties are not represented by a lawyer. If you or other party has a lawyer the court may set a Resolution Management Conference (RMC).

The purpose of the Early Resolution Conference in Arizona Superior Court is to meet informally with the other party and see if you can reach any agreements regarding the issues in your case. At the ERC you and the other party will meet with a Family Law Case Manager. The Family Law Case Manager is there to act as a neutral third party. They do not have to ability to order either party to do anything. The ERC is not a time to call witnesses or introduce evidence. The Family Law Case Manager may prepare documents including any agreements you have which will be given to the judge to be entered as final orders. If you and the other party agree on everything you could leave the ERC with final orders resolving all the issues in the case.

Resolution Management Conference (ERC) is a conference held between a Family Law Case Manager and both parties involved in a pending Family Court case (divorce, paternity, custody, etc). The conference is held to assist parties in reaching agreements regarding all issues in controversy. If there are agreements between the parties, the Family Law Case Manager will assist in preparing the paperwork that outlines those agreements. If all issues are resolved, final orders will be entered that day and your case will be concluded. You should plan on being at an ERC for 2-3 hours.

How do I prepare for an Arizona Early Resolution Conference?

You will need to file a Resolution Statement with the court prior to the ERC. The court should provide a copy of this document with the order setting the ERC. The court also requires you to meet with the other party and discuss any potential settlements. You do not need to satisfy this requirement if there is an Order of Protection in place against the other person.
What’s the difference between an Early Resolution Management Conference and a Resolution Management Conference?

An Arizona Resolution Management Conference (RMC) is usually scheduled when either or both of the parties are represented by lawyers. While the ERC is scheduled with a Family Law Case Manager the RMC is scheduled before the judge assigned to the case. The RMC usually last no longer than 30 minutes. Just like the ERC you do not present evidence or call witnesses. The judge will review the issues in the case and determine what is necessary to resolve them. This could include a settlement or parenting conference.  The judge will also set a trial date.

What if I am unable to appear on the date in the Order to Appear?

 Any party may request a continuance no less than 2 weeks in advance of the scheduled conference; if prior plans have been made (i.e., jury duty, pre-planned travel, etc.) you can request one by submitting a proper request in writing to the court. You must submit the proper request with supporting documentation or the signatures of both parties. Emergencies can occur; emergencies may include hospitalization, severe illness or death in the family. There is a number on the Order to Appear you can call in addition to submitting your request if an emergency arises.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

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Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

2 comments:

Annie Green said...

This is helpful for me since I am currently looking for a family lawyer in Sierra Vista, AZ.

Muhammad Shoaib said...

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