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Section/Rule:
88.04
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 - When Ordered - Appointment of Mediator
Revised / Effective Date:
July 1, 2022
88.04 MEDIATION - WHEN ORDERED - APPOINTMENT OF MEDIATOR
(
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.
(
b
) No investigation and report will be ordered by the court during the pendency of the mediation.
(
c
) If the court orders mediation under this Rule, then the mediator shall meet the minimum qualifications required under Rule
88.05
.
(
d
) The court may appoint a mediator agreed upon by the parties. If the parties cannot agree or if the court does not approve the agreed-upon mediator, the court may select the mediator.
(
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. Within 10 days of the application being filed, any adverse party may file a denial of the cause or causes alleged in the application. If a denial is filed, the court may hear evidence and determine the issues. 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 this Rule.
(
f
) To facilitate the use of mediation in domestic relations or paternity cases, circuits are encouraged to adopt local rules to accommodate and provide procedures for the use of mediation as may be ordered by the court or to provide for mandatory mediation within the circuit if desired. The Supreme Court of Missouri approved Model Local Rule
75
for this purpose.
(Adopted Dec. 27, 1990, eff. July 1, 1991. Amended June 29, 1993, eff. July 1, 1994; Dec. 21, 2021, eff. Jul. 1, 2022.)
