Pursuant to Supreme Court Rule 17, the Court adopts an
alternative dispute resolution program. The program applies to all cases assigned to Division 1.
(Adopted 5/30/95; amended 5/27/97; 11/20/00; 9/27/04;
12/17/07; 3/18/08) 38.2 Mediation
The alternative dispute resolution program adopted is mediation.
(Adopted 5/30/95; amended 11/20/95, 5/27/97 &
11/20/00).
38.3 Notice of Dispute Resolution Program and Services
a) In all cases to which this rule applies, the Clerk shall provide a notice to the plaintiff or plaintiffs initiating the action at the time the action is filed. All defendants shall be provided the notice along with the summons and petition. The plaintiff or plaintiffs shall be responsible for ensuring that the notice is provided to the defendants.
b) The notice shall advise the parties of the availability and purposes of the Court's alternative dispute resolution services, shall describe the program, shall inform the parties that the names of mediators qualified under this rule and a description of their background and fees may be obtained from the Clerk, and shall notify the parties that an order of referral may be entered sixty days after the filing of the petition.
(Adopted 5/30/95; amended 11/20/95, 5/27/97, 11/20/00;
12/17/07)
38.4 Order of Referral
The judge before whom the case is pending may enter an order of referral at such time as the judge deems
appropriate. The order of referral shall appoint a qualified mediator from the list maintained pursuant to Rule 38.13, and shall notify the parties of their
rights under Rule 38.5
(adopted 11/20/00; amended 9/27/04; 3/21/05) 38.5 Response to Order of Referral
Not later than thirty days after entry of the order of
referral, counsel for any party, shall respond as follows:
(1) After conferring with their respective clients, all other attorneys, and all unrepresented parties, and after concluding that referral to alternative dispute resolution has no reasonable chance of being
productive, counsel may opt out by so advising the Court, in writing. The notice to the Court shall state why the party is opting out. The matter shall not thereafter be referred by the court to alternative dispute resolution absent compelling circumstances, which shall be set out by the court in any order
referring the matter to alternative dispute resolution.
(2) With the agreement of the other parties, select a
different mediator, and notify the Court in writing of that decision.
(3) With the agreement of the other parties, choose to participate in an alternative dispute resolution program different than mediation under this rule.
(Adopted 11/20/00)
38.6 Accommodation of Mediation
The Court may grant the parties such accommodations and
preferences and enter such orders with regard to scheduling, discovery, and other matters as the Court deems appropriate to facilitate the mediation. The Court may also grant any trial calendar continuances as it deems necessary to
facilitate the mediation.
(Adopted 11/20/00) 38.7 Time and Location
If the parties and mediator cannot agree upon the time and location of the mediation, the time and location shall be determined by the mediator with consideration given to the need for discovery, if any, and the convenience of the parties and counsel. In no event shall the scheduling of mediation affect a trial date absent the express, written authorization of the Presiding Judge.
(Adopted 5/30/95; amended 11/20/00) 38.8 Attendance
Unless the Court orders otherwise, all parties (or party representatives with authority to resolve the case) and all other persons necessary to negotiate a resolution, including insurance carriers, shall attend the mediation. (Adopted 5/30/95)
38.9 Information Statement
At least three days prior to the mediation, each party shall provide the mediator and all other parties an information statement setting forth: (i) the identity of each person expected to attend the mediation on behalf of the party, and (ii) a brief summary of the dispute and the party's claims, defenses and alleged damages as the case may be. Upon
application of any party or otherwise, the mediator may
direct that each party not deliver the information statement to the other parties. The information statement shall not exceed five pages and shall not be filed in the case or made a part of the Court file. (Adopted 5/30/95)
38.10 Confidentiality
The mediation shall be private and confidential as provided in Supreme Court Rule 17.06. No stenographic, electronic or other record of the mediation shall be made. (Adopted
5/30/95; amended 5/27/97 effective 78/1/97) 38.11 Compensation of Mediators
Unless otherwise ordered by the Court or unless the services are provided pro bono, the mediator shall receive such
compensation as the parties and the mediator agree. The Court reserves the right to review the reasonableness of fees charged by the mediator. The fee for the mediation shall be borne equally by the parties, unless otherwise agreed by the parties, and shall be paid directly to the mediator. (Adopted 5/30/95)
38.12 Qualifications of Mediators
To qualify as a mediator, the mediator shall meet with the requirements of Supreme Court Rule 17.04.
(Adopted 5/30/95; amended 5/27/97 & 11/20/00) 38.13 List of Mediators
The Clerk and the Presiding Judge shall maintain in Division 1 and make available to counsel, parties, and the public the list of mediators qualified and compiled by the Presiding Judge under this rule. The listing for each qualified mediator shall include such information on the mediator's training, experience, and qualifications. Mediators shall advise the Missouri Bar of any material change concerning their listing. The Court en banc may remove any mediator from the list of mediators in its sole discretion, with or without cause. Any mediator may withdraw from the list of mediators by notifying the Presiding Judge in writing.
(Adopted 5/30/95; amended 11/20/95, 5/27/97 & 11/20/00) 38.14 Disqualification and Withdrawal of Mediators
No person shall serve as a mediator in any action in which any of the circumstances set forth in Section 508.090.1, RSMo exist or may in good faith be believed to exist or under any other circumstances which reasonably call into question the mediator's impartiality. A mediator may withdraw for any reason set forth in this rule or for any other reason. If a party to a mediation believes that a mediator should be removed or the mediator refuses to remove himself, the party may file a motion with the court asking for the removal of the mediator. A mediator who is
disqualified or who withdraws shall not be entitled to any compensation.
(Adopted 5/30/95; amended 5/27/97 effective 78/1/97) 38.15 Results of Mediation
The results of the mediation shall not be reported to the Court, except as provided in Supreme Court Rule 17.05.
(Adopted 5/30/95; amended 5/27/97 effective 78/1/97) 38.16 Alternatives to Mediation
Nothing in this rule shall prevent the Court from ordering the use of alternative dispute resolution means other than mediation, including but not limited to arbitration, early neutral evaluation, mini-trial, and summary jury trial.
(adopted 5/27/97 effective 7/1/97)
NOTICE OF MEDIATION PROGRAM AND SERVICES