§ 88.05 Mediation--Qualifications of the Mediator

Codes > Missouri Supreme Court Rules > Rules of > Part III : Rule 88 > 88.05

88.05. Mediation--Qualifications of the Mediator

    (a) A mediator who performs mediation in a contested child custody matter pursuant to this Rule 88 shall be a person who has stated by affidavit that he or she:

        (1) Is an attorney or a person who possesses a graduate degree in a field that includes the study of psychiatry, psychology, social work, counseling or other behavioral science substantially related to marriage and family interpersonal relationships; and

        (2) Has received a minimum of twenty hours of child custody mediation training in a program approved by the court.

    (b) The court may maintain a list of mediators meeting the requirement of Rule 88.05(a) or rely on such list maintained by a bar organization.

    (c) In appointing a mediator, the court shall consider:

        (1) The nature and extent of any relationship the mediator may have with the parties and any personal, financial, or other interests the mediator may have that could result in bias or conflict of interest; and

        (2) The mediator's knowledge of: (A) the Missouri judicial system and the procedures used in domestic relations cases, (B) other resources in the community to which parties can be referred for assistance, (C) child development, (D) clinical issues relating to  children, (E) the effects of the dissolution of marriage on children, (F) family systems theory, and (G) mediation and conflict resolution.