Arkansas Access and Visitation Mediation Program: What to Expect

Arkansas courts routinely order parents into mediation before allowing a custody dispute to go to trial. The state's Access and Visitation Mediation Program is the primary vehicle for this — a federally funded program that provides low-cost or free mediation services to separating and divorcing parents, with the goal of keeping custody decisions in the parents' hands rather than leaving them to a judge.

If you have been ordered to mediation or are considering it voluntarily, here is how the program works and what to prepare for.

How the Program Works

The Access and Visitation Program is funded through Title IV-D federal grants administered by the Arkansas Department of Human Services. It operates through a network of trained mediators across the state who specialize in family and custody disputes. The program is available to both married parents going through divorce and unmarried parents establishing custody for the first time.

Mediation sessions are typically scheduled for two to four hours. Both parents meet with a neutral third-party mediator who facilitates discussion around the contested issues — usually physical custody schedules, legal custody decision-making, holiday rotations, transportation logistics, and communication rules. The mediator does not make decisions or issue orders. Their role is to help both parents identify common ground and draft a written agreement that can be submitted to the court.

If the parents reach a full agreement during mediation, the mediator prepares a written Mediation Agreement that both parties sign. This document is then submitted to the presiding circuit judge for review and incorporation into the final custody order. If the parents agree on some issues but not others, the mediator documents the partial agreement, and only the unresolved issues proceed to trial.

When Mediation Is Required

Under Arkansas Code § 9-12-322, circuit judges have broad authority to order mediation in custody disputes. In practice, mediation is ordered in the majority of contested custody cases, particularly in Northwest Arkansas courts (Benton and Washington counties). Judges view mediation as an essential step before consuming limited trial time on custody disputes that the parents could resolve themselves.

There is one important exception: mediation can be waived when there is a documented history of domestic violence, sexual abuse, or situations where one parent's safety would be compromised by a face-to-face session. Under § 9-12-322(d), a parent can file a motion requesting the court waive mediation on safety grounds. A domestic violence shelter advocate can help prepare this motion.

Cost and Accessibility

The Access and Visitation Program significantly reduces the financial barrier to mediation. Program-funded sessions are available at low cost or no cost to qualifying parents, compared to private mediation which typically runs $150 to $300 per hour. Eligibility is generally based on income, with the program prioritizing parents who cannot afford private mediation services.

Even outside the program, private mediators in Arkansas charge substantially less than litigation. A typical two-session mediation with a private mediator costs $300 to $600 total — a fraction of the $2,500 to $5,000 retainer a contested custody trial would require.

How to Prepare for Mediation

The parents who get the best outcomes from mediation are the ones who walk in with a clear picture of what they want, what they can compromise on, and what the law actually requires. Preparation matters more than persuasion.

Before your session:

• Draft a proposed parenting schedule with specific days, times, and transition logistics
• Calculate your annual overnight count — knowing whether you are above or below the 141-overnight threshold under Administrative Order No. 10 is critical for child support discussions
• Review your county's standard visitation schedule as a reference point
• List the major decisions that need to be addressed: school enrollment, medical providers, religious upbringing, extracurricular activities
• Prepare a proposed holiday rotation that covers Thanksgiving, Christmas, spring break, summer, and each parent's birthday
• Bring financial documentation if child support will be discussed — pay stubs, tax returns, and health insurance premium amounts

During the session:

• Focus on the child's needs and routine, not grievances against the other parent
• Be specific about proposed schedules — "I want more time" is not a negotiating position; "I want alternating weekends plus a Wednesday overnight" is
• Stay open to the mediator's suggestions for creative solutions — they have seen hundreds of families negotiate these same issues

What Happens If Mediation Fails

If you cannot reach an agreement, the case proceeds to a bench trial before the circuit judge. Both parents will present testimony, financial disclosures, and evidence supporting their proposed custody arrangement. The judge applies the best-interest factors and the Act 604 joint custody presumption to make a final determination.

Going to trial is significantly more expensive, more time-consuming, and more unpredictable than mediation. The judge decides — not the parents. Most family law attorneys in Arkansas strongly recommend making a genuine effort at mediation before accepting a trial outcome.

Getting Ready for Your Session

The Arkansas Child Custody and Parenting Plan Guide includes a mediation preparation worksheet that walks you through each negotiation point — residential schedules, holiday rotations, transportation, communication rules, and the AO10 child support calculation — so you arrive with a structured proposal rather than a list of hopes.

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