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:	88.05
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 - Qualifications of the Mediator	Revised / Effective Date:	July 1, 2022

88.05 MEDIATION - QUALIFICATIONS OF THE MEDIATOR

(

) A mediator who performs mediation in domestic relations and paternity cases pursuant to this Rule

shall be a person who has stated by affidavit that he or she:

(1) Is an attorney or a person who possesses a graduate degree in a field that includes the study of psychiatry, psychology, social work, counseling, or other behavioral science substantially related to marriage and family interpersonal relationships;

(2) Has received a minimum of 20 hours of child custody mediation training in a program approved by the court that shall include a component of training covering violence and power imbalance issues; and

(3) Any additional qualifications required by local court rule.

(

) Mediators qualified for appointment under this Rule may file proof of their qualifications with the circuit clerk of a county, who shall maintain a master list for the county of qualified mediators available for appointment. A circuit clerk's master list is not exhaustive of qualified mediators and does not prevent the appointment by the court of other qualified mediators under this Rule. Bar organizations may also maintain lists of qualified mediators.

(

) In appointing a qualified mediator, the court shall consider:

(1) The nature and extent of any relationship the mediator may have with the parties and any personal, financial, or other interests the mediator may have that could result in bias or conflict of interest; and

(2) The mediator's knowledge of: (A) the Missouri judicial system and the procedures used in domestic relations cases, (B) other resources in the community to which parties can be referred for assistance, (C) child development, (D) clinical issues relating to children, (E) the effects of the dissolution of marriage on children, (F) family systems theory, and (G) mediation and conflict resolution.

(Adopted Dec. 27, 1990, eff. July 1, 1991. Amended June 29, 1993, eff. July 1, 1994; Dec. 21, 2021, eff. Jul. 1, 2022.)