Missouri
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Missouri. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Missouri can be found in RSI’s Research Library and in Reports below.
State Legislation
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Missouri Statute 452.600: Educational sessions program shall be established by courts--for proceedings involving custody or support.
Missouri General Assembly. Approved June 23, 1993; amended July 13, 1998Resource Type: Legislation
Abstract: This statute requires circuit courts to provide educational programs for parties to cases involving child custody or support. The programs must discuss the effects of divorce on minor children and the benefits of alternative dispute resolution, inclu...
Missouri Statute 487.100: Mediation, counseling, home study may be recommended--costs.
Missouri General Assembly. Approved June 2, 1993; amended June 29, 2004Resource Type: Legislation
Abstract: This law authorizes judges to order parties to family court cases to participate in mediation. Parties may also request to participate in mediation. Courts may determine the cost of mediation and may charge the parties for mediation, taking into acco...
Missouri Statute 452.403: Grandparent denied visitation, court may order mediation upon written request, purpose-costs-venue-termination of mediation, when
Missouri General Assembly. Jul. 9, 1992Resource Type: Legislation
Abstract: This statute authorizes the court to order mediation between a grandparent denied visitation rights and a party who has custody or visitation rights with the child, upon the request of the grandparent. ...
Missouri Statute 435.014: Arbitrators, may not be subpoenaed--proceedings regarded as settlement negotiations, communications confidential.
Missouri General Assembly. Jan. 1, 1986Resource Type: Legislation
Abstract: If all parties to a dispute agree to submit their dispute to arbitration, mediation or conciliation, the neutral who serves in that process cannot be subpoenaed or otherwise compelled to disclose information gained in the setting up or conducting of ...
Rules
Rules Governing the Missouri Bar and Judiciary Rule 17 - Alternative Dispute Resolution
Supreme Court of Missouri. Adopted October 22, 1996; revised January 1, 2009Resource Type: Rules - Court
Abstract: Under this rule, a civil action may be referred to mediation upon motion of any party or by the court, or upon stipulation of the parties. Parties shall select the neutral, though the court may make the determination if parties cannot reach an agreem...
Missouri Supreme Court Rules of Civil Procedure Rule 88 - Dissolution, Legal Separation and Child Support
Supreme Court of Missouri. Adopted December 27, 1990; amended December 23, 2008Resource Type: Rules - Court
Abstract: Under this rule, any judicial circuit may elect to establish a mediation program for child custody and visitation disputes. Any contested issue of child custody or visitation may be referred to mediation at any time on the motion of a party or the co...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Doing the Right Thing: An Empirical Study of Attorney Negotiation Ethics
Hinshaw, Art; Alberts, Jess K.. Negotiation Journal, Mar. 1, 2011Resource Type: Study
Abstract: This study of lawyer ethics found that about 30% of lawyers are willing to lie for their clients about a material fact, even though this is prohibited by the Model Rules of Professional Conduct. The authors presented 734 lawyers in Arizona and Missou...
An Analysis of Diversity Trainings in United States Community Mediation Centers
Warren, Naomi. Sep. 1, 2009Resource Type: Study
Abstract: In 2009, the Dispute Resolution Center in Ann Arbor, Michigan conducted a study in cooperation with the State Court Administrative Office of Michigan to analyze "diversity trainings at community mediation centers across the country" (p.2). The study ...
Exemplary Family Court Programs and Practices: Profiles of Innovative and Accountable Court-Connected Programs
AFCC Court Services Task Force Exemplary Practices Sub-Committee. May. 1, 2005Resource Type: Report
Abstract: This report provides information on court programs found to represent the best practices of the courts. Programs in the report include collaborative divorce, child protection mediation, permanency planning mediation, and mediation for cases involving...
The Challenge of Institutionalizing Alternative Dispute Resolution: Attorney Perspectives on the Effect of Rule 17 on Civil Litigation in Missouri
McAdoo, Bobbi; Hinshaw, Art. Missouri Law Review, Jan. 1, 2002Resource Type: Study
Abstract: This study discusses a survey conducted to evaluate a 1997 revision to Rule 17 of the Missouri Supreme Court, which allows judges to order cases to alternative dispute resolution (ADR) proceedings. The authors surveyed lawyers to 'assess when and why...
The Impact of Teen Court on Young Offenders
Butts, Jeffrey A.; Buck, Janeen; Coggeshall, Mark B.. Urban Institute Justice Policy Center Research Report, Jan. 1, 2002Resource Type: Study
Abstract: This report relates the findings from the Evaluation of Teen Courts Project, which examined teen courts in Alaska, Arizona, Maryland and Missouri. The goal of the evaluation in each site was to assess the effect of the teen court process on the perce...
Neighborhood Justice Centers Field Test: Final Evaluation Report
Cook, Royer F.; Roehl, Janice A.; Sheppart, David I.. Feb. 1, 1980Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: This evaluation examined the efficacy of three pilot community mediation programs in Atlanta, Kansas City, Missouri, and Venice/Mar Vista, California. Extensive review of case files and survey information from those who were referred to the centers (...
Contacts
Missouri Restorative Justice Coalition
Missouri Restorative Justice Coalition. Mar. 1, 2005Resource Type: Organization
Abstract: The mission of the Missouri Restorative Justice Coalition is "to create safe and peaceful communities for all Missourians by promoting the understanding and use of restorative justice principles and practices." The Coalition works to increase awarene...
Association of Missouri Mediators
Association of Missouri Mediators. Jan. 1, 1998Resource Type: Organization
Abstract: The Association of Missouri Mediators promotes the use of mediation throughout the state. Its website offers information about how to become a mediator in Missouri, a current mediator directory, links to training programs, and other mediation resourc...
Heartland Mediators Association
Resource Type: Organization
Abstract: This is a not-for-profit organization for mediators in Kansas, Missouri, Oklahoma and surrounding states. According to their web site, "The Association advocates for and provides education pertaining to mediation; provides a network for information; ...
M.A.R.C.H. Mediation Program
Resource Type: Program
Abstract: M.A.R.C.H. is a not-for-profit corporation whose acronym stands for "mediation achieving results for children." This organization, which works in 20 Missouri counties, makes mediation services available to parents who are divorced or separated, and ...
7th Judicial Circuit Court of Missouri Dispute Resolution Services
7th Judicial Circuit Court of Missouri.Resource Type: Program
Abstract: The 7th Judicial Circuit Court of Missouri offers arbitration, family mediation and small claims mediation services. This website provides descriptions of each program, as well as links to local mediation rules and the court's mediator roster....
16th Judicial Circuit Court of Missouri Family Court Mediation Program
16th Judicial Circuit Court of Missouri.Resource Type: Program
Abstract: The 16th Judicial Circuit Court of Missouri provides mediation services for parties involved in contested child custody or visitation disputes. This website describes the program, providing information about the mediation procedure, costs, scheduling...