Section 5.7 Statutory Authority for Mediation in Chapter 452, RSMo
Library | Family Law Deskbook and 2014 Supp |
C. (§5.7) Statutory Authority for Mediation in Chapter 452, RSMo
Chapter 452, RSMo, contains several provisions for the use of ADR, although the details for its use are not spelled out.
Section 452.310, RSMo Supp. 2011, requires the filing of a proposed parenting plan at the time a dissolution of marriage case is commenced. The plan is required to include “[a] dispute resolution procedure for those matters on which the parties disagree or in interpreting the parenting plan.” Section 452.310.8(2)(f).
Section 452.372.2, RSMo 2000, provides that the court may, “except for good cause shown,” order the parties to a dissolution action involving children to participate in an ADR program. Good cause is defined to include uncontested custody cases and a finding of domestic violence or abuse, but it “does not mean the absence of qualified mediators.” Id. Section 452.372.4 requires the Supreme Court of Missouri to “have a Rule in effect allowing, but not requiring, each circuit to establish an alternate dispute resolution program for proceedings involving issues of custody and temporary physical custody relating to the child.” At the date of the publication of this...
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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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