How Custody Mediation Works in Arizona

Arizona parenting plans must include a dispute-resolution procedure, which may include mediation. County procedures may refer parents to Conciliation Services, but mediation is not universally required by A.R.S. § 25-403.02. Check the referral or order in your case before assuming a mediation session is required.

Court-Connected Mediation: Conciliation Services

Maricopa County Superior Court's Conciliation Services is the county referral for custody and parenting disputes. Other counties may use different local procedures and programs.

How it works: Where the county refers parents to Conciliation Services, the referral generally follows filing and service 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: Mediation is generally confidential under applicable rules. Do not assume every statement is automatically unusable at trial; the applicable rules and exceptions control. 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) 30 days after exchanging disclosures, subject to any earlier applicable conference deadline. This document outlines your positions on legal decision-making, parenting time, child support, and property division. You must also meet and confer at least 5 days before the resolution conference to identify agreed terms and disputed issues.

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 use separate sessions or other safety protocols where appropriate.

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.

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