Supreme Court Rules - Rule 88 - Rules of Civil Procedure - Rules Relating to Special Actions - Domestic Relations and Paternity Cases - Calculation of Child Support - Mediation - Self-Represented Litigants: Mediation

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Supreme Court Rules

		Section/Rule:	88.06
Subject:	Rule 88 - Rules of Civil Procedure - Rules Relating to Special Actions - Domestic Relations and Paternity Cases - Calculation of Child Support - Mediation - Self-Represented Litigants	Publication / Adopted Date:	December 27, 1990
Topic:	Mediation - Duties of the Mediator	Revised / Effective Date:	July 1, 1991

88.06. Mediation - Duties of the Mediator

(a) The mediator in writing shall:

(1) Inform the parties of the costs of mediation;

(2) Advise the parties that the mediator does not represent either or both of the parties;

(3) Define and describe the process of mediation to the parties;

(4) Disclose the nature and extent of any relationships with the parties and any personal, financial, or other interests that could result in a bias or a conflict of interest;

(5) Advise each of the parties to obtain independent legal advice;

(6) Disclose to the parties' attorneys any factual documentation revealed during the mediation if at the end of the mediation process the disclosure is agreed to by the parties;

(7) Ensure that the parties consider fully the best interests of the children and that the parties understand the consequences of any decision they reach concerning the children.

(b) The mediator may meet with the children of any party and, with the consent of the parties, may meet with other persons.

(c) The mediator shall make a written summary of any understanding reached by the parties. A copy of the summary shall be provided to the parties and their attorneys, if any. The mediator shall advise each party in writing to obtain legal assistance in drafting any agreement or for reviewing any agreement drafted by the other party. Any understanding reached by the parties as a result of mediation shall not be binding upon the parties until it is reduced to writing, signed by the parties and their attorneys, if any, and approved by the court. If any party is not represented, the mediator shall provide to the court the written summary of any understanding reached by the parties.

(d) The mediator may act as a mediator in subsequent disputes between the parties. However, the mediator shall decline to act as attorney, counselor or psychotherapist for either party during or after the mediation or divorce proceedings unless the subsequent representation, counseling, or treatment is clearly distinct from the mediation issues. The mediator may not subsequently act as an investigator for any court-ordered report nor make any recommendations to the court regarding the child care issues.

(Adopted Dec. 27, 1990, eff. July 1, 1991.)