As provided in this Rule 88, any judicial circuit may elect to establish a mediation program for contested issues, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, and property division, in domestic relations and paternity cases. Mediation may be conducted in person or by telephone or video conferencing.
Rule 88.02.Mediation Authorized.
Part III · Rule 88: Domestic Relations and Paternity Cases — Calculation of Child Support — Mediation — Self-Represented Litigants · Last amended July 1, 2022 · Last verified July 22, 2026
In one sentenceRule 88.02 authorizes any Missouri judicial circuit to establish a mediation program, conducted in person, by telephone, or by video, for contested issues in domestic relations and paternity cases such as custody, parenting time, child support, maintenance, and property division.
Full Text of Rule 88.02
Amendment History
Adopted Dec. 27, 1990, eff. July 1, 1991; Amended Dec. 21, 2021, eff. July 1, 2022.
Plain-English Summary
Rule 88.02 gives circuits the option, not the obligation, to set up mediation programs for family law disputes. It does not mandate mediation statewide. Instead, it authorizes each judicial circuit to decide for itself whether to establish a program under the framework the rest of Rule 88 provides.
The rule lists the kinds of contested issues a circuit’s mediation program can address: child custody, parenting time, parenting plans, child support, maintenance, and property division. That list is illustrative and not exhaustive, covering the range of disputes that commonly arise in domestic relations and paternity cases.
The rule also specifies how mediation sessions can be conducted. Parties are not limited to meeting in person. Mediation may take place by telephone or video conferencing, which gives circuits flexibility in how they administer their programs and gives parties options that fit their circumstances.
Because this rule is the authorization point for the rest of Rule 88, the qualification, duty, termination, and confidentiality provisions found in the following rules only come into play once a circuit has established mediation or a court has ordered it in a specific case.
Frequently Asked Questions
Does Rule 88.02 require every circuit to offer mediation?
No. It authorizes circuits to elect to establish a mediation program; it does not require any circuit to do so.
What kinds of disputes can circuit mediation programs cover?
The rule lists child custody, parenting time, parenting plans, child support, maintenance, and property division as examples, without limiting coverage to only those issues.
Can mediation happen without meeting in person?
Yes. The rule allows mediation to be conducted in person, by telephone, or by video conferencing.
Does this rule apply outside domestic relations cases?
No. It applies specifically to domestic relations and paternity cases.
Is mediation under this rule the same as arbitration?
No. Mediation as described in Rule 88 involves a neutral mediator helping parties reach their own agreement, not a decision-maker imposing a ruling.
Where does the rest of the mediation process get defined?
Rules 88.03 through 88.08 build on this authorization by defining mediation, appointment of mediators, mediator duties, termination, and confidentiality.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: family court mediation Missouridomestic relations mediation programpaternity case mediationvideo conference mediationcircuit mediation authorization