Rule 17 | Alternative Dispute Resolution

First Adopted: October 22, 1996

Most Recently Effective: July 01, 1997

Rule 17 | Rules Governing The Missouri Bar and the Judiciary | Alternative Dispute Resolution

17.01 | Alternative Dispute Resolution Program – Establishment – Purpose – Definition

(a) Any judge by order or any judicial circuit by local court rule may establish an alternative dispute resolution program as provided in this Rule 17. It is the purpose of the Court through adoption and implementation of this Rule 17 to provide an alternative mechanism for the resolution of civil disputes, except those subject to Supreme Court Rules 88.02 to 88.08, by means of alternative dispute resolution procedures for disposition before trial of certain civil cases with resultant savings in time and expenses to the litigants and to the court without sacrificing the quality of justice to be rendered or the right of the litigants to jury trial in the event that a settlement satisfactory to the parties is not achieved through alternative dispute resolution.

(b) As used in this Rule 17, alternative dispute resolution programs include but are not limited to:

(1) "Arbitration," a procedure in which neutral persons, typically one person or a panel of three persons, hears both sides and decides the matter. The arbitrator's decision is not binding and simply serves to guide the parties in trying to settle their lawsuit. An arbitration is typically less formal than a trial, is usually shorter, and may be conducted in a private setting at a time mutually agreeable to the parties. The parties, by agreement, select the arbitrator or arbitrators and determine the rules under which the arbitration will be conducted;

(2) "Early neutral evaluation," a process designed to bring together parties to litigation and their counsel in the early pretrial period to present case summaries before and receive a non-binding assessment from an experienced neutral evaluator. The objective is to promote early and meaningful communication concerning disputes, enabling parties to plan their cases effectively and assess realistically the relative strengths and weaknesses of their positions. While this confidential environment provides an opportunity to negotiate a resolution, immediate settlement is not the primary purpose of this process;

(3) "Mediation," a process in which a neutral third party facilitates communication between the parties to promote settlement. A mediator may not impose his or her own judgment on the issues for that of the parties;

(4) "Mini-Trial," a process in which each party and counsel present the case before a selected representative for each party and a neutral third party, to define the issues and develop a basis for realistic settlement negotiations. The neutral third party may issue an advisory opinion regarding the merits of the case.

(5) "Summary jury trial," is an informal settlement process in which jurors hear abbreviated case presentations. A judge presides over the hearing, but there are no witnesses, and the rules of evidence are relaxed. After the "trial", the jurors retire to deliberate and then deliver an advisory verdict. The verdict becomes the starting point for settlement negotiations among the parties.

(c) Each circuit is encouraged to develop other alternative dispute resolution programs that will meet the needs of the parties, the circuit and the community.

(d) All alternative dispute resolution processes shall be non-binding unless the parties enter into a written agreement as provided in Rule 17.06(c). A written agreement shall be binding to the extent not prohibited by law.


(Adopted October 22, 1996, effective July 1, 1987.)

First Adopted: October 22, 1996

Most Recently Effective: July 01, 1997

Rule 17 | Rules Governing The Missouri Bar and the Judiciary | Alternative Dispute Resolution

17.02 | Notice of Alternative Dispute Resolution Services

(a) In each civil action to which the alternative dispute resolution program applies, a notice of alternative dispute resolution services shall be furnished to all parties to the action. The notice shall be provided to the party initiating the action at the time the action is filed. All responding parties shall receive the notice with the summons and petition. The notice shall advise parties of the availability and purposes of alternative dispute resolution services. Other means of providing notice may be designated by local court rule.

(b) In addition to the provisions of Rule 17.02(a), counsel shall advise their clients of the availability of alternative dispute resolution programs.


(Adopted October 22, 1996, effective July 1, 1987.)

First Adopted: October 22, 1996

Most Recently Effective: July 01, 2022

Rule 17 | Rules Governing The Missouri Bar and the Judiciary | Alternative Dispute Resolution

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 17;

(2) On different neutrals than that selected by the court either before or after the entry of an order entered pursuant to this Rule 17;

(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 October 22, 1996, effective July 1, 1987. Amended June 28, 2008, effective January 1, 2009; amended December 21, 2021, effective July 1, 2022.)

First Adopted: October 22, 1996

Most Recently Effective: July 01, 1997

Rule 17 | Rules Governing The Missouri Bar and the Judiciary | Alternative Dispute Resolution

17.04 | Qualifications of Individuals and Organizations

Any individual providing alternative dispute resolution services independently or through an organization under this Rule 17 shall have appropriate training or equivalent experience in conducting the type of alternative dispute resolution service the individual or organization provides. Appropriate training for mediators shall include at least sixteen hours of formal training. Appropriate training for individuals providing other services shall include at least four hours of formal training. The Missouri Bar shall determine the number of hours of formal training of the individual.


(Adopted October 22, 1996, effective July 1, 1987.)

First Adopted: October 22, 1996

Most Recently Effective: July 01, 1997

Rule 17 | Rules Governing The Missouri Bar and the Judiciary | Alternative Dispute Resolution

17.05 | Status of Results

(a) Absent the written agreement provided in Rule 17.06(c), any award or evaluation shall be reported only to the parties and their lawyers and shall have no effect other than as a guide to the parties in resolving the lawsuit and shall be inadmissible in any court.

(b) The parties shall advise the court within ten days of the termination of the alternative dispute resolution process only that the parties were successful in resolving their dispute or that issues remain open and unresolved.


(Adopted October 22, 1996, effective July 1, 1987.)

First Adopted: October 22, 1996

Most Recently Effective: July 01, 1997

Rule 17 | Rules Governing The Missouri Bar and the Judiciary | Alternative Dispute Resolution

17.06 | Confidentiality and Settlement

(a) An alternative dispute resolution process undertaken pursuant to this Rule 17 shall be regarded as settlement negotiations. Any communication relating to the subject matter of such dispute made during the alternative dispute resolution process by a participant or any other person present at the process shall be a confidential communication. No admission, representation, statement or other confidential communication made in setting up or conducting such process shall be admissible as evidence or subject to discovery, except that, no fact independently discoverable shall be immune from discovery by virtue of having been disclosed in such confidential communication.

(b) No individual or organization providing alternative dispute resolution services pursuant to this Rule 17 or any agent or employee of the individual or organization shall be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the alternative dispute resolution process.

(c) Settlement shall be by a written document setting out the essential terms of the agreement executed after the termination of the alternative dispute resolution process.

(d) An individual or organization providing alternative dispute resolution services pursuant to this Rule 17 or any agent or employee of the individual or organization may be called in an action to enforce the written settlement agreement reached following the conclusion of the alternative dispute resolution process for the limited purpose of describing events following the conclusion of the alternative dispute resolution process.


(Adopted October 22, 1996, effective July 1, 1987.)

First Adopted: October 22, 1996

Most Recently Effective: July 01, 1997

Rule 17 | Rules Governing The Missouri Bar and the Judiciary | Alternative Dispute Resolution

17.07 | Discovery

In an action referred to an alternative dispute resolution program, discovery may proceed as in any other action, and all motions regarding discovery disputes shall be ruled upon by the court as in any other action. Discovery may take place both before and after an alternative dispute resolution process held pursuant to this Rule 17.


(Adopted October 22, 1996, effective July 1, 1987.)