Reviewed August 2026
Mediation in Arkansas
Arkansas judges have the discretion to send divorcing parents to mediation. But it isn't automatic. The state does not force every case into it. Arkansas law lets a court, either before or after entering a divorce decree, require parents with minor children to complete a parenting class or submit to mediation on parenting, custody, and visitation issues. The statute gives the judge a choice between a parenting class and mediation, and a party can also ask to skip a mediation referral for good cause. So whether a given Arkansas divorce goes to mediation often depends on the judge, the county, and whether either parent objects. Each party pays their own cost of attending. Arkansas also has another program. It is a statewide, income-based mediation program for parents dealing with custody, visitation, and child support disputes, administered through the Arkansas Access and Visitation Mediation Program.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under Arkansas law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Arkansas paperwork. See how Virdix works for California divorces.
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When a judge can order mediation
Arkansas law addresses divorcing parents with minor children. A court may, before or after entering a divorce decree, require the parties to complete at least two hours of parenting classes. It can instead require them to submit to mediation on parenting, custody, and visitation issues. This is framed as a choice the judge makes between two options. It is not a mandatory statewide mediation requirement in every case with children. A party may move to dispense with a mediation referral for good cause shown, and each party is generally responsible for their own cost of attending classes or mediation.
Choosing a mediator
When mediation is ordered, parties can choose a mediator from a list the judge provides, and that list includes mediators who meet the Arkansas Alternative Dispute Resolution Commission's requirements for a court-connected roster. Parties aren't limited to that roster. They may select a mediator who is not on it, if the judge approves the choice. This gives families some flexibility to work with a mediator they already know or trust, as long as the judge signs off.
The Arkansas Access and Visitation Mediation Program
The Arkansas Access and Visitation Mediation Program is a statewide program created in 1997 with federal grant funding, and it is administered by the Arkansas Alternative Dispute Resolution Commission, part of the Arkansas Judiciary. It offers mediation services for custody, visitation, and child support disputes at a reduced rate based on income. That makes it a lower-cost option than hiring a private mediator at full rates. Contact information and intake details are available through the program's own site. The Commission's office is in Little Rock.
Confidentiality and good cause exemptions
Arkansas describes its Access and Visitation mediation process as confidential. Session talk stays out of court. The mediator cannot reveal it to other people, including the judge or attorneys involved in the case. Confirm with your assigned mediator exactly what confidentiality terms apply to your specific session, since program-wide descriptions may differ from any case-specific court order addressing mediation. Separately, Arkansas law lets a party move to dispense with a referral to mediation for good cause shown, giving a route to opt out where mediation would not be appropriate. That includes situations involving domestic violence, safety concerns, or a significant power imbalance between the parties. Anyone with safety concerns about attending mediation with the other party should raise it with the court promptly, rather than waiting until a mediation date is set.
How a mediated agreement becomes a court order
Reaching an agreement in mediation does not end an Arkansas case on its own. If the parties agree, the mediator typically prepares a memorandum of understanding, and that is submitted to the court to become a formal court-approved parenting plan, or to be incorporated into the divorce decree. If the parties do not reach an agreement, the case goes back to the judge. It then proceeds to a hearing or trial.
Sources: Arkansas Access and Visitation Mediation Program, official site (Arkansas Alternative Dispute Resolution Commission, Arkansas Judiciary), Arkansas Judiciary, official site
Not independently confirmed
- Exact text of Arkansas Code Annotated 9-12-322 could not be confirmed on a freely accessible official state government source at verification time (Arkansas's official Code is published through a subscription legal publisher); the statutory framework described here was cross-checked against secondary legal repositories and should be confirmed with the clerk or a copy of the current code
- Whether every judicial circuit refers cases to the statewide Access and Visitation Program versus a local mediation roster
- Current per-session fee scale for the income-based Access and Visitation Program
Mediation in Arkansas: frequently asked questions
Is mediation required for divorce in Arkansas?+
Not automatically for every case. Arkansas law lets a judge, before or after the divorce decree, require parents with minor children to either complete a parenting class or submit to mediation on parenting, custody, and visitation issues. A party can move to dispense with a mediation referral for good cause shown, so mediation is discretionary rather than a fixed statewide rule.
Who pays for mediation in an Arkansas divorce?+
Each party pays its own way. That's the cost of attending mediation or a parenting class when a judge orders it. Families with lower incomes may qualify for reduced-rate mediation through the statewide Arkansas Access and Visitation Mediation Program, administered by the Arkansas Alternative Dispute Resolution Commission.
Can I choose my own mediator in Arkansas?+
You can choose a mediator from the list the judge provides of mediators meeting the Arkansas Alternative Dispute Resolution Commission's requirements for the court-connected roster. Or pick your own mediator. The judge must approve that choice, since they may not be on the roster.
What is the Arkansas Access and Visitation Mediation Program?+
It started in 1997. It is a statewide, federally funded mediation program for parents dealing with custody, visitation, and child support disputes involving minor children. It offers mediation at a reduced rate based on income and is run by the Arkansas Alternative Dispute Resolution Commission, part of the Arkansas Judiciary.
Can I get out of a mediation order in Arkansas?+
You can move to dispense with a referral to mediation for good cause shown, which courts recognize when mediation would be inappropriate, including domestic violence, safety concerns, or other circumstances making joint sessions unworkable. Raise the issue with the court early.
Is what I say in Arkansas custody mediation confidential?+
Sessions here are private. Arkansas's Access and Visitation program describes mediation discussions this way, meaning they cannot be shared with the judge or used in court by the mediator. Confirm the exact confidentiality terms for your session with your mediator, since these can be spelled out further in any court order referring you to mediation.
This page is general information about mediation in Arkansas, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Arkansas's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Arkansas. Virdix does not prepare or file Arkansas divorce paperwork. It is not a substitute for an attorney licensed in Arkansas.
More Arkansas divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Arkansas, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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