Missouri Motion to Refer Case to Mediation

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Multi-State
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US-02642BG
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

To be included on a list of neutrals, Rule 17 requires the person to have appropriate training or equivalent experience in conducting the dispute resolution procedure or procedures offered by that neutral. To be included on the list as a mediator, a person must have a minimum of 16 hours of formal training.

Pursuant to Missouri Supreme Court Rule 88.04(d), ?The court may appoint a mediator agreed upon by the parties.

The value of the property being condemned and all benefits and damages shall be assessed by said commissioners as of the date the assessment is made, and, if the award of said commissioners has not been paid to the defendants, or to the clerk of the court for said defendants, within one year after said commissioners' ...

Rule 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 ...

A case is usually appropriate for mediation when relationships are strained but must continue. Poor communication is often apparent and a skilled neutral third party is needed to facilitate communication. The intervention of a third party is likely to change the dynamics of the interaction of the disputants.

The role of the mediator is to aid the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of common interest and finding points of agreement. An agreement reached by the parties shall be based on the decisions of the parties and not the decisions of the mediator.

Rule 52.13(a)(1)[1] provides: *95 If a party dies and the claim is not thereby extinguished, the court may, upon motion, order substitution of the proper parties....

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, ...

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Missouri Motion to Refer Case to Mediation