Section 5.14 Enforceability of Mediation and Arbitration Clauses and Agreements
Library | Family Law Deskbook and 2014 Supp |
V. (§5.14) Enforceability of Mediation and Arbitration Clauses and Agreements
Since the 1993 enactment of § 487.100, now RSMo Supp. 2011, and the later changes to various sections of Chapter 452, RSMo, mediation provisions have become increasingly common components of parenting plans. Accordingly, increasing numbers of appellate cases make at least passing mention of the existence of these mediation provisions. Those appellate decisions have also begun to create clearer guidelines for the use and enforceability of these provisions.
In Bauer v. Bauer, 28 S.W.3d 877 (Mo. App. E.D. 2000), the trial court for a modification proceeding ordered the parties to participate in mediation before filing any later pleadings in the matter. The appellant challenged this provision as an unconstitutional bar to the parties’ access to the courts and further complained that the provision was invalid insofar as it dealt with property provisions because those provisions are not subject to modification.
The appellate court turned aside the appellant’s constitutional challenge, ruling that, because Rule...
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- Section 5.1 What Is Alternative Dispute Resolution?
- Section 5.2 Definition and Description of Arbitration
- Section 5.3 Definition and Description of Mediation
- Section 5.4 Definition and Description of Collaborative Family Law
- Section 5.5 Uniform Arbitration Act, Chapter 435, RSMo
- Section 5.6 Rules 17 and 88
- Section 5.7 Statutory Authority for Mediation in Chapter 452, RSMo
- Section 5.8 Mediation Under Chapter 487, RSMo
- Section 5.9 When Is Mediation Appropriate?
- Section 5.10 Qualifications
- Section 5.11 Certifying Organizations
- Section 5.12 Local Rules
- Section 5.13 M.A.R.C.H. Mediation
- Section 5.14 Enforceability of Mediation and Arbitration Clauses and Agreements
- Section 5.15 Role of Counsel in Mediated Case
- Section 5.16 Filing of Necessary Pleadings
- Section 5.17 Advice on Substantive Issues
- Section 5.18 Protection of Client’s Interests
- Section 5.19 Referral to Appropriate Outside Experts (Accountants, Appraisers, Psychologists, Etc.)
- Section 5.20 Attorneys’ Direct Participation in Mediation Process
- Section 5.21 Review of Final Settlement Document
- Section 5.22 Parenting Coordination
- Section 5.23 Description of Collaborative Family Law
- Section 5.24 When to Choose Collaborative Law
- Section 5.25 Special Requirements for Collaborative Law Attorneys
- Section 5.26 Benefits of Collaborative Law
- Section 5.27 Standards of Practice
- Section 5.28 Ethical Considerations for Attorney Mediators and Arbitrators
- Section 5.29 Attorney Serving as Third-Party Neutral
- Section 5.30 Confidentiality
- Section 5.31 Conflicts of Interest
- Section 5.32 Association With Nonattorney
- Section 5.33 Ethical Considerations for Nonattorney Mediators
- Section 5.34 Ethical Considerations for Collaborative Attorneys
- Section 5.35 Bibliography
- Section 5.36 Organizations
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