13th Judicial Circuit of MissouriMediation

Both Local Court Rule and Supreme Court of Missouri Rules require that parties in any case involving contested issues of custody and/or visitation attend two hours of mediation, unless waived by the court. Mediation is an alternative dispute resolution process in which disputants, assisted by a neutral third party (the mediator), try to resolve issues on their own rather than submit them to the court for determination. Mediation is less formal than a traditional court hearing, and the mediator does not impose a decision on the parties. However, the mediator may ask questions, meet separately with parties if necessary, and facilitate the discussion. Proceeding are usually confidential, with some exceptions. However, because court-connected mediation is a method of case disposition, the final agreement is presented to a judge for entry. Thus, while proceedings remain confidential, the outcome is public record.

For more information on mediation, contact the circuit clerk’s office in the county in which your case has been filed.

Please note the following items in the Local Court Rules:

• 68.16 Mediation of Child Custody and Visitation Disputes
• 68.19 Qualifications of Family Law Mediator

Why Mediation?

The 13th Circuit (Boone and Callaway counties) requires parents with unresolved child custody and parenting issues to engage in at least two hours of mediation with a trained professional. This requirement provides you an opportunity to work together through child-related disputes without relying on the legal system to make decisions about your children and your future. This page answers some of the questions that you, as a parent involved in the legal process relating to custody issues, may have regarding the mediation services available to you.

Do I Have to Participate?

Yes. Local Rule 68.16 requires parents with unresolved child custody or visitation issues to try mediation. This rule requires couples to participate in the mediation for two hours, at their own expense. Mediation may help you resolve some or all of your legal issues. You do not waive your right to other legal options by participating in mediation. If you do not resolve all of your issues during mediation, you will still have access to other available options.

What is the Role of the Mediator?

The mediator is a neutral, impartial facilitator who helps you as parents decide on workable solutions to specific problems. Mediators are professionals who are trained in communication and problem solving techniques.

How do I Choose a Mediator?

The Court maintains a list from which you may choose a mediator. That list is shown below. Information regarding the fees, education, and experience of the mediators is available from the Clerk of the Circuit Court in Boone and Callaway counties. If both parents agree you may choose a mediator and make the initial appointment. If you cannot agree upon a mediator, the court will appoint one for you.

What Are The Benefits of Mediating?

Studies have shown that there are genuine risks to children and adults during the separation or divorce process. One of the most serious risk factors for children is the degree of conflict between their parents, especially if that conflict centers on them. There is strong research indicating that when parents engage in the mediation process and are able to reach their own settlement, much of the stress related to conflict is reduced and managed in a more positive manner.

We also know that children and adults have better long term, relationships when mediation is used. By mediating, you are engaging in a process that is less time consuming and less costly than other alternatives for managing your dispute. Most importantly, it puts you in control of making important family decisions. Mediation is a positive and growing alternative for parents striving to do the best thing for their own and their children’s futures.

What Does a Mediator Do?

Mediators help you to identify and discuss both of your needs and interests as well as those of your children. They also help you identify possible solutions to meet those needs.

A mediator keeps the mediation process focused on the issue at hand and helps you as parents move forward towards finding solutions.

Mediators do not assign blame or look for the cause of your breakup. They do not provide counseling, give legal advice or make decisions for you. Instead, the mediator helps you as parents make your own choices, ones that focus on your needs and the needs of your children.

Assuming that your experience in mediation goes well and you as parents reach an agreement on the issues at hand, the mediator will help you put those agreements in writing. That “Memorandum of Understanding” may then be reviewed by your attorneys and the court to make sure that all legal requirements have been met before it is finalized in a non-contested hearing before the judge.

More Information about Mediation

• Association of Missouri Mediators
• American Bar Association - Section of Dispute Resolution
• M·A·R·C·H
• Association of Family Conciliation Courts
• Association for Conflict Resolution