The Arkansas Access & Visitation Mediation Program
Helping Parents Design and Plan for Access, Visitation & Custody of Their Children
The Arkansas Access and Visitation Program is a statewide mediation program serving residents of the state who would like to mediate issues of custody, visitation, and child support for their minor children. Mediation services are provided to participants at a reduced rate based on the participant's income.
How the program works
Parents may be eligible for up to 5 hours of free or reduced-rate mediation, with costs based on income and number of dependents.
- Both parents must submit a questionnaire to the Program Director.
- No action will be taken on the case until both questionnaires are submitted.
- The Program Director may determine that a case is not eligible for the Access & Visitation program due to:
- Domestic violence and safety concerns; or
- Issues that do not qualify (e.g., property division, spousal support, etc.).
- Other issues or conflicts
- Once a case is accepted into the program, the Program Director will determine each party's financial responsibility.
- Each party pays according to their income and number of dependents, ranging from $0 to a maximum of $62.50 per hour.
- The case is assigned to the mediator of the party's choice from the roster of program mediators.
Why Mediate?
- Parties have more input and control over the outcome of their own problem.
- Disputes can be settled promptly. A mediation session can be scheduled as soon as both parties agree to use mediation to resolve the dispute.
- Mediation promotes better relationships through cooperative problem-solving and improved communication.
- Both facts and feelings are considered with the help of an impartial mediator.
- Mediation is private and confidential. The mediator and parties must maintain, to the full extent required by law, the confidentiality of the information disclosed during mediation.
- Mediation is voluntary, and may be terminated at any time by a party or the mediator. Although in court-referred mediation the parties may be ordered to attend a mediation session, any agreement is entirely voluntary. In the absence of agreement, the parties retain their right to take the dispute before a judge or jury.
- Mediation costs may be significantly less than taking a case to court, especially if mediation is chosen prior to filing a lawsuit.
Who qualifies for the program?
Parents or guardians of a minor child who
- live in Arkansas or fall under Arkansas Circuit Court jurisdiction, and
- have a dispute with the other parent about custody, visitation, or child support.
Marital status does not affect program eligibility.
What issues can be mediated
Covered Issues:
- Custody
- Visitation
- Child Support
Not Covered:
- Property Division
- Spousal Support
How to get Started
- Complete the AV Questionnaire
- Choose a Mediator
- You may select any mediator from the program roster
Resources
Please explore these useful resources for mediation.
About Us
Director's Note
Thank you for visiting the Arkansas Access and Visitation Mediation Program website. We hope that you find this site to be both helpful and informative. Making decisions about child custody and visitation is often challenging. This is especially true when parties are navigating through an otherwise unfamiliar judicial process. Mediation can be an empowering tool for parties in this process.
The Arkansas Access and Visitation Mediation Program's goal is to provide mediation services to help ensure that children are afforded financial support and parental involvement. This statewide program serves the residents of our State by providing mediation services at a reduced rate based on participants' income. Through mediation parents can work to create a parenting plan that works for both parties and one that benefits the child or children.
Access and Visitation Program Overview
The Arkansas Access and Visitation Program is a statewide mediation program serving residents of the state who would like to mediate issues of custody, visitation, and child support for their minor children. Mediation services are provided to participants at a reduced rate based on the participant's income.
The Access and Visitation Program was created in 1997 and is funded by a federal grant from the U.S. Department of Health and Human Services, Office of Child Support Enforcement. The purpose of the grant is to support and facilitate noncustodial parents' access to and visitation with their children.
Meet the Staff
Ashley Faust
Program Director
Access and Visitation Mediation Program
Administrative Office of the Courts
Ashley.Faust@arcourts.gov
Stephanie Smith
ADR Coordinator
ADR Commission
Administrative Office of the Courts
Stephanie.Smith@arcourts.gov
Krista Petty
ADR Training & Programs Coordinator
ADR Commission
Administrative Office of the Courts
Krista.Petty@arcourts.gov
Contact Us
Phone Number:
(501) 682-9400Address:
625 Marshall StreetLittle Rock, AR 72201
Mediation
What is Mediation?
Mediation is an informal, voluntary, and confidential way to resolve disagreements. A mediator helps people in conflict discuss concerns and, when possible, come to an agreement that is acceptable to both parties. If the parties cannot come to an agreement, they are free to go to court and have a judge make a decision on the issues. What is said in mediation is confidential, so if the parties do end up in court, the judge does not know anything that was said in the mediation.
While the time required for mediation varies, the mediation session often takes less than half a day.
What happens in Mediation?
The mediation process will vary depending on the mediator. Generally, the mediator will start by describing how the process will work. Then each party will tell the mediator about why they are in mediation. The mediator will help ask some questions to make sure that they understand the issues from both parties' perspectives. The mediator will then help the parties discuss the issues in dispute and possible solutions. During the mediation, the mediator may meet with the parties together or separately.
The mediator is not a judge and will not make any decisions about the case. It is up to the parties to decide if they can come to an agreement, or whether they need to go to court and let a judge decide. If you have any questions during the mediation process, you should ask your mediator.
Mediation Alternative
RESOURCES
Access & Visitation Certified Mediator Roster
Mediators in RED are not currently accepting AV assignments.
Attorneys & Judges
Attorneys
The Arkansas Access and Visitation Mediation Program is a resource available to help you better serve your clients. The program provides up 6 hours of free or reduced cost mediation services to Arkansas residents with qualifying issues. Qualifying issues are custody, visitation or child support. The cost that each party pays is determined by their income and number of dependents. The program serves all parents, regardless of marital status. They may be in the process of divorcing, already divorced and seeking to change the custody, visitation, or support arrangement, or never married. A court order is not necessary to be eligible for the program.
Judges
Circuit and appellate courts in Arkansas have the discretionary authority to order civil, probate, domestic relations, and juvenile cases to mediation. If you choose to order a case to mediation where the issues are custody, visitation, and support, you may refer the parties to the Access and Visitation Mediation Program. If eligible, the parties will receive free or reduced rate mediation services. The party's share is calculated from a sliding scale and based on their income and number of dependents. The Program Director will determine eligibility and costs.
More information about the program, program forms, as well as a sample order to mediation, are provided here as a resource.
Common parent-dispute issues:
- Child custody
- Visitation
- Support
Eligible regardless of marital status — parties may be:
- Divorcing
- Divorced and seeking modification of custody, visitation, or support
- Never married
The program commonly mediates:
- Divorce
- Modification of custody, visitation or support
- Paternity with established visitation and support
- Office of Child Support Enforcement cases
Potential Exceptions
Joint Custody: Cases in which joint custody has been established by final court order and there is true equal time split between the parents are not eligible for the program. Temporary orders established prior to a final hearing do not affect eligibility. Contact the program Director to determine eligibility.
The case may qualify if joint custody has been established but there is not an equal split of time between parents, or one parent pays child support and is seeking a modification. Contact the Program Director to determine eligibility.
Grandparent Visitation: Cases in which grandparents are seeking custody of or visitation with their grandchildren are not eligible. However, if a grandparent has custody of the child and a parent is seeking to gain custody or visitation, the case may qualify. Contact the Program Director to determine eligibility.
Why only custody, visitation and support?
The Access and Visitation Mediation Program is funded by a grant from the U.S. Department of Health and Human Services, Office of Child Support Enforcement. The purpose of the grant is to support and facilitate non-custodial parents' access to and visitation with their children. The idea being that non-custodial parents who have more access to and visitation with their children are more likely to financially support their children. Additionally, children benefit overall by having parental involvement and financial support from both parents.
Court Ordered Mediation FAQ
Additionally, under the requirements for the conduct of mediation and mediators the mediator is prohibited from providing an assessment, evaluation, recommendation, finding, or other communication regarding the mediation to the court.
The mediator may file a “mediator's report” with the court stating 1) whether or not the mediation occurred or has terminated; 2) whether a settlement was reached; and 3) who attended the mediation.
Arkansas ADR Commission
Attn: Coordinator
625 Marshall Street
Little Rock, AR 72201
Sample Order
Frequently Asked Questions
- the parties are getting a divorce
- the parties are already divorced and want to change custody, visitation or support
- were never married and paternity is being legally established
- Office of Child Support Enforcement case
- the parties are not in the court process at all
ARKANSAS ADR COMMISSION
625 Marshal Street Little Rock, AR 72201Direct: 501-803-9675
General Mailbox: avmediation@arcourts.gov
