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...