Mediation vs. Litigation in Arkansas: Which Path is Right for You?

When you are facing a divorce in Arkansas, you are essentially standing at a fork in the road. One path—litigation—is the traditional route: a formal, public battle where a judge makes the final decisions. The other path—mediation—is a private, collaborative process where you and your spouse decide your own future.

The difference really comes down to one word: Control.

Do you want to build your own solution, or do you want a stranger in a black robe to hand one down to you? This guide will help you understand the pros, cons, costs, and reality of both options so you can make the right choice for your family.

Key Takeaways

• Control: In mediation, you decide the outcome. In litigation, a judge decides based on strict laws.

• Cost: Litigation often costs $20,000+ per person. Mediation is typically a fraction of that, often $2,000–$5,000 total.

• Privacy: Mediation is confidential under Arkansas law (A.C.A. § 16-7-206). Litigation is a public record.

• Speed: Mediated divorces can wrap up in 3–6 months. Litigated divorces often drag on for 1–2 years.

• Safety Exception: If there is domestic violence or hidden assets, mediation is usually not recommended.

Table of Contents

1. The Two Paths: A Quick Comparison

2. How Divorce Mediation Works in Arkansas

3. The Reality of Litigation

4. Cost and Timeline Breakdown

5. When to Skip Mediation (Red Flags)

6. Next Steps: How to Start

The Two Paths: A Quick Comparison

Before we dive into the details, look at this snapshot. It highlights the fundamental differences between sitting at a conference table (mediation) and standing in a courtroom (litigation).

How Divorce Mediation Works in Arkansas

Mediation is a voluntary process where you and your spouse hire a neutral third party—the mediator. This person is not a judge and does not make decisions for you. Their only job is to facilitate the conversation, keep things productive, and help you find a middle ground.

The Process Step-by-Step

1. Selection: You and your spouse agree on a mediator. In Arkansas, you can find certified mediators through the Arkansas Alternative Dispute Resolution Commission.

2. Information Gathering: You both voluntarily trade financial documents (bank statements, debts, assets). Transparency is required here; you cannot mediate if you are hiding money.

3. The Sessions: You meet (either together or in separate rooms) to discuss the "Big Three":

   • Parenting: Schedules, holidays, and decision-making.

   • Assets: Who gets the house, the car, and the retirement accounts.

   • Support: Child support and alimony (spousal support).

4. The Agreement: Once you agree, the mediator writes a Memorandum of Understanding (MOU). This isn't a court order yet, but it’s the blueprint.

5. Finalizing: You use the MOU to draft your official Divorce Decree, which a judge simply signs.

Arkansas-Specific Benefit: Subsidized Mediation

If you have children and cannot afford a private mediator, Arkansas has a hidden gem called the Access and Visitation Mediation Program.

• What it is: A state-funded program that provides mediation for custody and visitation disputes (not property).

• Cost: It is income-based. Many Arkansas parents qualify for free or significantly reduced-cost mediation through this program.

Legal Note: In Arkansas, mediation is confidential. Under A.C.A. § 16-7-206, things you say during mediation generally cannot be used against you in court later if the mediation fails. This protects you and encourages honest negotiation.

The Reality of Litigation

Litigation is the default path if you file a contested divorce. It is an adversarial process, meaning our legal system is designed to pit "Plaintiff" against "Defendant."

What Litigation Looks Like

1. Filing & Service: One person files a Complaint for Divorce; the other is "served" by a process server or sheriff.

2. Discovery: This is the expensive part. Your lawyers will send formal demands for documents (Interrogatories and Requests for Production). If you don't answer, you can be held in contempt of court. You might also have to sit for a deposition, where a lawyer grills you under oath for hours.

3. Hearings: You may have to take off work to go to the courthouse for temporary hearings (e.g., who stays in the house while the case is pending).

4. Trial: If you never settle, you go to trial. You testify, witnesses testify, and a judge makes the final ruling.

The "No-Fault" Trap

In Arkansas, to get a "no-fault" divorce, you typically must be separated for 18 months. If you want to divorce sooner, you have to prove "fault" (like adultery or general indignities). Litigation often forces you to air this dirty laundry in public to prove your grounds. Mediation allows you to agree on the grounds (often "general indignities") more quietly and cooperatively, speeding up the paperwork process.

Cost and Timeline Breakdown

The Cost Gap

• Mediation: usually costs $2,000–$5,000 total. You typically split this cost with your spouse. Since you control the pace, you control the bill.

• Litigation: can easily exceed $15,000–$20,000 per person. Why? Because lawyers bill by the hour (often $250–$400/hour in Arkansas). Every email, phone call, and minute spent waiting in the courthouse hallway costs you money.

The Timeline Gap

• Mediation: You can finish as fast as you can agree. Once you sign the papers, you just have to wait out Arkansas’s mandatory 30-day waiting period before the judge can sign the decree. Most mediated divorces are done in 3 to 6 months.

• Litigation: The court’s schedule dictates your life. It is common for cases to be delayed because the judge is sick, overbooked, or a criminal trial took priority. Expect 12 to 24 months for a fully litigated case.

When to Skip Mediation (Red Flags)

While I am a huge fan of mediation, it is not safe or effective for everyone. You should speak to a lawyer and likely proceed with litigation if:

• Domestic Violence: If there is a history of abuse, the "level playing field" of mediation is a myth. You need the protection of the court and a lawyer to advocate for your safety.

• Hidden Assets: If you suspect your spouse is hiding money, mediation won't work because it relies on voluntary honesty. You need the "subpoena power" of litigation to force banks and employers to release records.

• Refusal to Communicate: If your spouse absolutely refuses to talk or compromise, you cannot force them to mediate. You will need a judge to issue an order.

Next Steps: How to Start

If you think mediation is the right choice, here is what you can do next:

1. Talk to your spouse: See if they are open to the idea. Send them this article to explain the cost savings.

2. Gather your documents: Start collecting tax returns, pay stubs, and debt balances. The more organized you are, the cheaper the process will be.

3. Check the Access & Visitation Program: If you have kids and a tight budget, see if you qualify for the state’s subsidized mediation.

4. Get your paperwork ready: Even with mediation, you still need to file the correct legal forms with the Circuit Clerk.

ArkansasLegalNow can help you navigate the paperwork. We provide simple, court-approved forms and instructions to help you file your uncontested divorce once you and your spouse have reached an agreement.

• Simple: We break down complex legal jargon.

• Affordable: A fraction of the cost of hiring a lawyer for paperwork.

• Arkansas-Specific: Our forms are designed specifically for Arkansas courts.

Ready to start your next chapter?

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Sources

Sources

Arkansas Access and Visitation Mediation Program - FAQ 

Arkansas Access and Visitation Mediation Program - Overview 

Arkansas Code § 9-12-301 & 9-12-307 (Grounds & Residency) 

Arkansas Code § 9-12-322 (Parenting Classes & Mediation) 

Arkansas Code § 16-7-206 (Mediation Confidentiality)

Disclaimer: ArkansasLegalNow is not a law firm and does not provide legal advice. This guide is for educational purposes only. If you have a complex case, domestic violence concerns, or high-value assets, please consult a licensed Arkansas attorney.