Mo. Sup. Ct. Op. R 6.04
Included in this order are proposed model local court rules. These materials are for informational purposes only and their adoption as local court rules is not mandatory.
The following model Local Rule 75, the provisions of which are based on local rules adopted by various Missouri circuit courts, may serve as a model for any circuit wishing to adopt local rules for mediation in domestic relations and paternity cases involving contested issues, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, and property division. Some circuits have additional local rules providing more detailed procedures that other circuits may wish to consider. Bracketed alternatives are provided on the issue whether mediation is to be voluntary or mandatory in a particular circuit.
Missouri Supreme Court Rule 88.02 provides: "As provided in this Rule 88, any judicial circuit may elect to establish a mediation program for contested issues, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, and property division, in domestic relations and paternity cases." This Circuit chooses to establish a mediation program, as defined in Rule 88.03, that will operate as provided by Rule 88 as supplemented by this circuit's local rules set out below.
Pursuant to Rule 88.04(a), "The court may order mediation of any contested issue, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, or property division, in domestic relations and paternity cases at any time upon the motion of a party or the court's own motion." In addition, in this circuit, without court order, in every domestic relations or paternity case involving contested issues, including, but not limited to, child custody, parenting plans, parenting time, child support, maintenance, and/or property division, the parties may elect to participate in mediation as an alternative dispute resolution method.
Pursuant to Rule 88.04(a), "The court may order mediation of any contested issue, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, or property division, in domestic relations and paternity cases at any time upon the motion of a party or the court's own motion." Pursuant to that authority, this Circuit requires that, in every domestic relations and paternity case involving contested issues, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, or property division, the parties shall be required to participate in mediation as an alternative dispute resolution method, unless the mediator or the parties show good cause why or the court, on its own motion, determines that mediation should not occur. Upon referral to mediation, the mediator shall screen the parties to determine whether mediation is inappropriate due to domestic violence, abuse, or a significant imbalance of negotiating power.
Pursuant to Rule 88.04(d), "The court may appoint a mediator agreed upon by the parties. If the parties cannot agree or the court does not approve of the agreed-upon mediator, the court may select the mediator." Pursuant to Rule 88.05(b), the circuit clerk of each county shall maintain a master list for the county of qualified mediators available for appointment. The circuit clerk's master list is not exhaustive of qualified mediators and does not prevent appointment by the court of other qualified mediators under this Rule.
The master list shall indicate the name, office address, mailing address, telephone number, email address, qualifications, and current hourly rates of each mediator listed. The circuit clerk shall update such list as needed.
Pursuant to Rule 84.04(e), "At any time following assignment of a mediator, a party may file a written application to disqualify the mediator for cause. A service copy of the application and a notice of the time when it will be presented to the court must be provided to all interested parties." An adverse party has 10 days in which to file a denial of the cause or causes alleged in the application.
Upon the filing of a denial, the court may hear evidence and determine the issue. If the court finds in the applicant's favor or no denial is filed, reassignment of a mediator shall be done in accordance with the procedures for appointment of a mediator as set out in Rule 84.04(d).
Mediator qualifications shall be as set out in Rule 88.05.
Mediator duties shall be as set out in Rule 88.06.
Termination of mediation shall be as set out in Rule 88.07.
Mediation confidentiality shall be as set out in Rule 88.08.
With the consent of both parties, counsel for each party can be excluded from participation in the mediation process. Counsel for each party shall at any time be permitted to privately communicate with their client concerning the mediation process. Mediation by parties not represented by counsel shall be governed by Rule 88.09.
Where the parties cannot agree upon the method or allocation of the mediator's payment, the court retains the authority to determine a final, equitable allocation of the costs of the mediation process. If a party fails to pay for the mediator, the court may, upon motion, issue an order for the payment of such costs and impose appropriate sanctions. If a party is determined indigent by the court and free or low-cost mediation services are not available, the court may waive the mediation requirement, and the case shall proceed otherwise.
If either party fails to appear for any scheduled mediation session without reasonable notice, the court may, on its own motion or motion of a party, award mediator's fees and/or costs or impose any other appropriate sanction provided by law.
Mo. Sup. Ct. Op. R 6.04