Mediation under this Rule 88 is the process by which a neutral mediator appointed by the court assists the parties in reaching a mutually acceptable agreement as to contested issues in domestic relations and paternity cases, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, and property division. The role of the mediator is to assist the parties in identifying the issues, reducing misunderstanding, clarifying priorities, exploring areas of compromise, and finding points of agreement. An agreement reached by the parties is to be based on the decisions of the parties and not the decisions of the mediator. The agreement reached can resolve all or only some of the contested issues.
Rule 88.03.Mediation Defined.
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 88.03 defines mediation under Rule 88 as a process in which a court-appointed neutral mediator helps parties in domestic relations and paternity cases reach their own agreement on contested issues, without the mediator deciding the outcome.
Full Text of Rule 88.03
Amendment History
Adopted Dec. 27, 1990, eff. July 1, 1991; Amended Dec. 21, 2021, eff. July 1, 2022.
Plain-English Summary
Rule 88.03 explains what mediation means for purposes of Rule 88. It describes a process where a neutral mediator, appointed by the court, helps the parties work toward a mutually acceptable agreement on contested issues such as custody, parenting time, parenting plans, child support, maintenance, and property division.
The rule is careful about the mediator’s role. The mediator helps the parties identify the issues in dispute, reduce misunderstanding between them, clarify what each party prioritizes, explore possible areas of compromise, and locate points where the parties already agree. That is a facilitative role, not a decision-making one.
The rule states directly that any agreement reached belongs to the parties, not the mediator. The mediator does not rule on the dispute or impose terms. This distinguishes mediation under Rule 88 from arbitration or adjudication, where a third party decides the outcome.
Finally, the rule recognizes that mediation does not have to resolve everything. An agreement reached through mediation can settle all of the contested issues in a case, or it can settle only some of them, leaving the rest for further negotiation or court determination.
Frequently Asked Questions
Who decides the outcome of mediation under this rule?
The parties do. The rule states that any agreement reached is based on the decisions of the parties, not the mediator.
What does a mediator do during the process?
The mediator helps identify the issues, reduce misunderstanding, clarify priorities, explore compromise, and find points of agreement between the parties.
Must mediation resolve every issue in the case?
No. The rule states that an agreement reached can resolve all or only some of the contested issues.
What kinds of issues does mediation under Rule 88 cover?
Child custody, parenting time, parenting plans, child support, maintenance, and property division, among other contested issues in domestic relations and paternity cases.
Is a mediator the same as a judge in this process?
No. The mediator is a neutral facilitator appointed by the court; the mediator does not adjudicate or impose a decision on the parties.
Does this rule set the mediator's qualifications?
No. Rule 88.03 only defines mediation. Rule 88.05 sets out the qualifications a mediator must have.
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: mediation defined Missourineutral mediator rolefamily mediation processparenting plan mediationmediated agreement domestic relations