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...