How Custody Mediation Works in Arizona

Arizona courts strongly prefer that parents resolve custody disputes through mediation rather than trial. In most counties, mediation is mandatory — the court won't schedule a full hearing until both parents have participated in at least one mediation session through Conciliation Services or a private mediator.

This isn't a suggestion. It's a procedural requirement, and understanding how mediation works in Arizona gives you a significant advantage over parents who walk in unprepared.

Court-Connected Mediation: Conciliation Services

Every Arizona county offers mediation through Conciliation Services, a division of the Superior Court that handles custody and parenting disputes. These mediators are court employees trained in family law and child development.

How it works: The court refers parents to Conciliation Services after a response is filed in a custody or divorce case. Both parents attend a session (typically 2-3 hours) with a neutral mediator who helps them work through custody, parenting time, and decision-making issues.

Cost: Conciliation Services sessions typically cost $100 per parent in Maricopa County, with sliding-scale fees available based on income. Some counties offer free mediation for qualifying families.

What mediators can and can't do: Mediators facilitate negotiation — they help parents identify common ground and draft workable agreements. They cannot give legal advice, represent either parent, or force a resolution. If parents can't agree, the mediator reports to the court that mediation was unsuccessful and the case proceeds to a hearing.

Confidentiality: Statements made during mediation are confidential and inadmissible at trial. Neither parent can use something the other said in mediation as evidence. This protection encourages honest discussion.

The Early Resolution Conference (ERC)

In Maricopa County, the court schedules an Early Resolution Conference as one of the first procedural steps after a response is filed. ERCs are conducted virtually via Microsoft Teams and are run by a court case manager — not a judge.

The ERC serves two purposes:

1. Identify which issues parents agree on so those can be finalized immediately
2. Set a timeline for resolving disputed issues through mediation, a parenting conference, or a hearing

Parents must file a Resolution Statement (Form 4 or 5 under Rule 97) at least five days before the ERC. This document outlines your positions on legal decision-making, parenting time, child support, and property division. You must also complete the "meet and confer" requirement — conferring with the other parent beforehand to identify agreed terms.

Missing the ERC can result in a $100 non-appearance fee and delays in your case.

Resolution Management Conference (RMC)

Some cases are assigned a Resolution Management Conference instead of or in addition to an ERC. The RMC is run by the assigned judge, who resolves procedural disputes, sets disclosure deadlines, and schedules the case for trial if settlement isn't possible.

The RMC is more formal than the ERC and is typically scheduled in higher-conflict cases or cases where the ERC didn't resolve enough issues to avoid trial.

Private Mediation

Parents can also use a private mediator instead of or in addition to court-connected services. Private mediators are typically family law attorneys or retired judges who charge hourly fees ($150-$400/hour).

Advantages of private mediation:

• More time — court sessions are limited to 2-3 hours; private mediators can schedule multiple sessions
• Flexible scheduling — evenings and weekends may be available
• Specialized expertise — you can choose a mediator with experience in high-conflict cases, military families, or complex financial situations

The court will accept agreements reached through private mediation as long as they meet the statutory requirements for parenting plans under A.R.S. § 25-403.02.

Preparing for Mediation

Parents who prepare for mediation reach agreements faster and on better terms. Before your session:

• Draft a proposed parenting schedule with specific days, times, and exchange locations
• Run the child support numbers — knowing the financial impact of different schedules prevents surprises
• Identify your priorities — what matters most (schedule, decision-making authority, specific holiday arrangements) and where you can compromise
• Bring documentation — school schedules, work calendars, the child's activity commitments

The single most common mistake: arriving without a concrete proposal. "I want what's best for the child" doesn't give the mediator anything to work with. "I'm proposing a 2-2-5-5 schedule with alternating holidays and joint legal decision-making with me having final authority on education" does.

When Mediation Won't Work

Mediation requires two parents who can negotiate in reasonably good faith. It's not appropriate when:

• There's a history of domestic violence (the power imbalance undermines genuine negotiation)
• One parent is hiding assets or income
• A parent has a severe, untreated substance abuse problem that affects their judgment
• One parent categorically refuses to participate

In domestic violence situations, Arizona courts may excuse mediation or require special protocols like separate sessions where the parents are never in the same room.

The Arizona Child Custody & Parenting Plan Guide includes mediation preparation worksheets and a Resolution Statement template — so you walk into your ERC or mediation session with a structured, court-ready proposal.

See more Arizona guides →