Rule 16.1.Settlement conferences.

Last amended October 9, 2018 · Last verified July 1, 2026

In one sentenceRule 16.1 lets a court require the parties to attend one or more settlement conferences, sets what a settlement conference memorandum must cover, requires attendance by someone with real settlement authority, and allows the court to keep the discussions confidential.

Full Text of Rule 16.1

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Generally. At party’s request or on its own, a court may require the parties to participate in one or more pretrial settlement conferences unless the action is a lower court appeal or is subject to compulsory arbitration under Rule 72.

(b) Memoranda in court-conducted settlement conferences.

(1) Requirement and timing. If the court conducts a settlement conference, each party must submit, but not file, a settlement conference memorandum to the court no later than 5 days before the settlement conference. Unless the court orders otherwise, settlement conference memoranda must be served on every other party.

(2) Contents. A settlement conference memorandum must provide:

(A) a general description of the claims, defenses, and issues in the action, and the party’s position on each claim, defense, and issue;

(B) a general description of the evidence the party anticipates presenting at trial;

(D) the party’s assessment of the likely outcome if the action proceeds to trial; and

(E) any other information that might be helpful in settling the action.

(c) Attendance. Every party and its counsel must attend a settlement conference unless specifically excused by the court for good cause. Additionally, each party must have a representative present who has actual authority to enter into a binding settlement agreement. All participants must appear in person unless the parties agree or the court orders otherwise.

(d) Confidentiality. The court may order that discussions between the court and a party or the party’s counsel during a settlement conference be treated confidentially and not be revealed to others.

(e) Transfer. On motion or on its own, the court may transfer a settlement conference to another court division that is willing to conduct the conference.

(f) Ex parte communications. The court, with the consent of the parties participating in the conference, may engage in ex parte communications if the court believes it might facilitate the action’s settlement.

(g) Sanctions. A court may enter any of the sanctions provided in Rule 16(h) if a party or its counsel is substantially unprepared to participate in a settlement conference or fails to participate in the conference in good faith.

End

Amendment History

Promulgated by R-16-0010, effective January 1, 2017; amended by R-17-0006, effective January 1, 2018; amended by R-17-0010, effective October 9, 2018.

Plain-English Summary

At a party's request or on its own, a court may order the parties into one or more pretrial settlement conferences, except in lower court appeals or cases headed to compulsory arbitration. If the court conducts the conference, each side submits — but does not file — a memorandum at least 5 days beforehand, describing its claims and defenses, the evidence it expects to present, any settlement talks so far, its assessment of the likely outcome at trial, and anything else that might help settle the case.

Every party and its counsel must attend unless excused for good cause, and each party needs a representative on hand with actual authority to enter a binding settlement, appearing in person unless the parties agree or the court allows otherwise. The court can order that what's said during the conference stay confidential, transfer the conference to another division willing to handle it, and, with the parties' consent, talk to one side outside the other's presence if doing so might help settle the case. A party or attorney who is substantially unprepared or does not participate in good faith is subject to the same sanctions available under Rule 16(h).

Frequently Asked Questions

Can a court force the parties to attend a settlement conference?

Yes, at a party's request or on the court's own initiative, except in lower court appeals or cases subject to compulsory arbitration.

What must a settlement conference memorandum include?

A description of the claims, defenses, and evidence involved, a summary of settlement talks so far, and the party’s assessment of the likely outcome at trial.

Who must attend a settlement conference?

Every party and its counsel, along with a representative who has actual authority to agree to a binding settlement, unless the court excuses attendance for good cause.

Can the court talk privately with one side during a settlement conference?

Yes, with the parties’ consent, if the court believes doing so might help settle the case.

Source & verification. The rule text and History are reproduced verbatim from the official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 16.1). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: settlement conferencesettlement conference memorandummediation