Supreme Court Rules - Rule 17 - Rules Governing the Missouri Bar and the Judiciary - Alternative Dispute Resolution: Referral, Notification, and Appointment

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Supreme Court Rules

		Section/Rule:	17.03
Subject:	Rule 17 - Rules Governing the Missouri Bar and the Judiciary - Alternative Dispute Resolution	Publication / Adopted Date:	October 22, 1996
Topic:	Referral, Notification, and Appointment	Revised / Effective Date:	July 1, 2022

17.03 Referral, Notification and Appointment

(a) A civil action shall be ordered to alternative dispute resolution upon stipulation of the parties except in cases governed by Rule 88. A civil action may be ordered to alternative dispute resolution upon the motion of any party or by the court. Absent the parties agreeing to an alternative dispute resolution process, the court shall determine the most appropriate process.

(b) If counsel for any party, after conferring with their respective clients, all other attorneys, and unrepresented parties, conclude that referral to alternative dispute resolution has no reasonable chance of being productive, they may opt out by so advising the court, in writing, within thirty days before the deadline to begin the alternative dispute resolution. The matter shall not thereafter be referred by the court to alternative dispute resolution absent compelling circumstances, which shall be set out by the court in any order referring the matter to alternative dispute resolution.

(c) If the parties agree to participate in the alternative dispute resolution program but cannot agree upon the neutral, then the court shall select a neutral from individuals or organizations qualified under Rule 17.04.

(d) Nothing contained in this Rule 17 shall preclude the parties from agreeing:

(1) To participate in any alternative dispute resolution program independent of this Rule

;

(2) On different neutrals than that selected by the court either before or after the entry of an order entered pursuant to this Rule

;

(3) On a neutral not otherwise identified on any court maintained list.

(e) Each circuit shall adopt necessary local court rules assuring the impartiality of the neutral, allowing for the removal or withdrawal of the neutral, and providing for the method of, but not the rate of, compensation of all neutrals.

(f) Each circuit shall adopt such local court rules as shall be appropriate for the scheduling of disputes referred to the program.

(Adopted Oct. 22, 1996, eff. July 1, 1997. Amended June 28, 2008, eff. Jan. 1, 2009; Dec. 21, 2021, eff. Jul. 1, 2022.)