Rule 88 | Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants

First Adopted: October 02, 1989

Most Recently Effective: January 01, 2002

Rule 88 | Rules of Civil Procedure | Rules Relating to Special Actions | Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants

88.01 | Presumed Child Support Amount

(a) When determining the correct amount of child support, a court or administrative agency shall consider all relevant factors, including all relevant statutory factors.

(b) There is a rebuttable presumption that the amount of child support calculated pursuant to Civil Procedure Form No. 14 is the correct amount of child support to be awarded in any judicial or administrative proceeding. Unless a request is filed pursuant to Rule 73.01(c), a written finding or a specific finding on the record by the court or administrative agency that the child support amount under a correctly calculated Form No. 14, after consideration of all relevant factors, is unjust or inappropriate shall be sufficient in a particular case to rebut the presumption that the amount of child support so calculated is correct.



(Adopted October 2, 1989, effective April 1, 1990. Amended December 19, 1997, effective July 1, 1998; amended June 25, 2001, effective January 1, 2002.)

First Adopted: December 27, 1990

Most Recently Effective: July 01, 2022

Rule 88 | Rules of Civil Procedure | Rules Relating to Special Actions | Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants

88.02 | Mediation Authorized

As provided in this Rule 88, any judicial circuit may elect to establish a mediation program for contested issues, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, and property division, in domestic relations and paternity cases. Mediation may be conducted in person or by telephone or video conferencing.


(Adopted December 27, 1990, effective July 1, 1991. Amended December 21, 2021, effective July 1, 2022.)

First Adopted: December 27, 1990

Most Recently Effective: July 01, 2022

Rule 88 | Rules of Civil Procedure | Rules Relating to Special Actions | Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants

88.03 | Mediation Defined

Mediation under this Rule 88 is the process by which a neutral mediator appointed by the court assists the parties in reaching a mutually acceptable agreement as to contested issues in domestic relations and paternity cases, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, and property division. The role of the mediator is to assist the parties in identifying the issues, reducing misunderstanding, clarifying priorities, exploring areas of compromise, and finding points of agreement. An agreement reached by the parties is to be based on the decisions of the parties and not the decisions of the mediator. The agreement reached can resolve all or only some of the contested issues.


(Adopted December 27, 1990, effective July 1, 1991. Amended December 21, 2021, effective July 1, 2022.)

First Adopted: December 27, 1990

Most Recently Effective: July 01, 2022

Rule 88 | Rules of Civil Procedure | Rules Relating to Special Actions | Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants

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 December 27, 1990, effective July 1, 1991. Amended June 29, 1993, effective July 1, 1994; amended December 21, 2021, effective July 1, 2022.)

First Adopted: December 27, 1990

Most Recently Effective: July 01, 2022

Rule 88 | Rules of Civil Procedure | Rules Relating to Special Actions | Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants

88.05 | Mediation – Qualifications of the Mediator

(a) A mediator who performs mediation in domestic relations and paternity cases pursuant to this Rule 88 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.

(b) 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.

(c) 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 December 27, 1990, effective July 1, 1991. Amended June 29, 1993, effective July 1, 1994; amended December 21, 2021, effective July 1, 2022.)

First Adopted: December 27, 1990

Most Recently Effective: July 01, 1991

Rule 88 | Rules of Civil Procedure | Rules Relating to Special Actions | Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants

88.06 | Mediation – Duties of the Mediator

(a) The mediator in writing shall:

(1) Inform the parties of the costs of mediation;

(2) Advise the parties that the mediator does not represent either or both of the parties;

(3) Define and describe the process of mediation to the parties;

(4) Disclose the nature and extent of any relationships with the parties and any personal, financial, or other interests that could result in a bias or a conflict of interest;

(5) Advise each of the parties to obtain independent legal advice;

(6) Disclose to the parties' attorneys any factual documentation revealed during the mediation if at the end of the mediation process the disclosure is agreed to by the parties;

(7) Ensure that the parties consider fully the best interests of the children and that the parties understand the consequences of any decision they reach concerning the children.

(b) The mediator may meet with the children of any party and, with the consent of the parties, may meet with other persons.

(c) The mediator shall make a written summary of any understanding reached by the parties. A copy of the summary shall be provided to the parties and their attorneys, if any. The mediator shall advise each party in writing to obtain legal assistance in drafting any agreement or for reviewing any agreement drafted by the other party. Any understanding reached by the parties as a result of mediation shall not be binding upon the parties until it is reduced to writing, signed by the parties and their attorneys, if any, and approved by the court. If any party is not represented, the mediator shall provide to the court the written summary of any understanding reached by the parties.

(d) The mediator may act as a mediator in subsequent disputes between the parties. However, the mediator shall decline to act as attorney, counselor or psychotherapist for either party during or after the mediation or divorce proceedings unless the subsequent representation, counseling, or treatment is clearly distinct from the mediation issues. The mediator may not subsequently act as an investigator for any court-ordered report nor make any recommendations to the court regarding the child care issues.


(Adopted December 27, 1990, effective July 1, 1991.)

First Adopted: December 27, 1990

Most Recently Effective: July 01, 1991

Rule 88 | Rules of Civil Procedure | Rules Relating to Special Actions | Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants

88.07 | Termination of Mediation

(a) At any time after two hours of mediation either party may terminate mediation ordered under Rule 88.04.

(b) The mediator shall terminate mediation whenever the mediator believes (1) that continuation of the process would harm or prejudice one or more of the parties or the children or (2) that the ability or willingness of any party to participate meaningfully in mediation is so lacking that a reasonable agreement is unlikely.

(c) The mediator shall report the termination of mediation to the court. The mediator shall not state the reason for termination except when the termination is due to a conflict of interest or bias on the part of the mediator, in which case another mediator may be appointed.


(Adopted December 27, 1990, effective July 1, 1991.)

First Adopted: December 27, 1990

Most Recently Effective: July 01, 2022

Rule 88 | Rules of Civil Procedure | Rules Relating to Special Actions | Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants

88.08 | Confidentiality and Settlement

(a) Mediation proceedings shall be regarded as settlement proceedings. With the exception of information released pursuant to Rule 88.06(a)(6), any communication relating to the subject matter of such disputes made during the mediation by any participant, mediator, or other person present at the mediation shall be a confidential communication. No admission, representation, statement, or other confidential communication made in setting up or conducting a mediation 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 person who serves as a mediator, nor any agent or employee of that person, shall be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the mediation.

(c) All mediations shall be non-binding unless the parties enter into a written agreement as provided in Rule 88.08(d). A written agreement shall be binding to the extent not prohibited by law.

(d) Settlement shall be by a written document setting out the essential terms of the agreement executed after the mediation's termination.

(e) An individual or organization providing mediation services pursuant to this Rule 88 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 mediation's conclusion for the limited purpose of describing events following the mediation's conclusion.


(Adopted December 27, 1990, effective July 1, 1991. Amended December 21, 2021, effective July 1, 2022.)

First Adopted: December 21, 2007

Most Recently Effective: July 01, 2008

Rule 88 | Rules of Civil Procedure | Rules Relating to Special Actions | Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants

88.09 | Parties Not Represented By Counsel

Every party not represented by counsel who participates in a proceeding for dissolution of marriage, legal separation, parentage or the modification of a judgment in any such proceeding shall:

(a) Complete a litigant awareness program that includes an explanation of the risks and responsibilities of self-representation, unless waived by the circuit court. The awareness program shall be prepared by a committee designated by this Court, but each circuit may determine the manner and means by which the training shall be provided and the proof of compliance; and

(b) Unless such use is waived by the trial court, use the pleadings, forms, and proposed judgment prepared by a committee designated by this Court that have been approved by this Court. These forms shall be accepted by the courts of this state, until disapproved or superseded by this Court.

(c) Nothing in this Rule 88.09 prevents a court from determining the legal sufficiency of any pleading nor prevents a court from entering judgment in a form different from the judgment form approved pursuant to Rule 88.09(b).


(Adopted December 21, 2007, effective July 1, 2008; Amended June 23, 2008, effective July 1, 2008.)