(a) The court may order mediation of any contested issue, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, or property division, in domestic relations and paternity cases at any time upon the motion of a party or the court's own motion.
Rule 88.04.Mediation--When Ordered--Appointment of Mediator.
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 88.04 lets a court order mediation of contested domestic relations or paternity issues on a party's motion or its own motion, bars an investigation and report while mediation is pending, requires the mediator to meet Rule 88.05's qualifications, and sets the procedure for appointing and disqualifying a mediator.
Full Text of Rule 88.04
(b) No investigation and report will be ordered by the court during the pendency of the mediation.
(c) If the court orders mediation under this Rule, then the mediator shall meet the minimum qualifications required under Rule 88.05.
(d) The court may appoint a mediator agreed upon by the parties. If the parties cannot agree or if the court does not approve the agreed-upon mediator, the court may select the mediator.
(e) At any time following assignment of a mediator, a party may file a written application to disqualify the mediator for cause. A service copy of the application and a notice of the time when it will be presented to the court must be provided to all interested parties. Within 10 days of the application being filed, any adverse party may file a denial of the cause or causes alleged in the application. If a denial is filed, the court may hear evidence and determine the issues. If the court finds in the applicant's favor or no denial is filed, reassignment of a mediator shall be done in accordance with the procedures for appointment of a mediator as set out in this Rule
(f) To facilitate the use of mediation in domestic relations or paternity cases, circuits are encouraged to adopt local rules to accommodate and provide procedures for the use of mediation as may be ordered by the court or to provide for mandatory mediation within the circuit if desired. The Supreme Court of Missouri approved Model Local Rule 75 for this purpose.
Amendment History
Adopted Dec. 27, 1990, eff. July 1, 1991. Amended June 29, 1993, eff. July 1, 1994; Amended Dec. 21, 2021, eff. July 1, 2022.
Plain-English Summary
Rule 88.04 covers when and how a court gets a mediator into a case. It confirms that a court may order mediation of any contested issue in a domestic relations or paternity case at any time, whether a party asks for it or the court raises it on its own.
Once mediation is ordered, the rule pauses one other process: no investigation and report will be ordered while the mediation is pending. That protects the mediation process from running alongside a competing court-ordered inquiry into the same issues. The rule also requires that any mediator appointed under this section meet the minimum qualifications set out in Rule 88.05.
On selecting the mediator, the court can appoint someone the parties agree on. If the parties cannot agree, or if the court does not approve their choice, the court selects the mediator itself. The rule then provides a mechanism for challenging that choice: a party may file a written application to disqualify the mediator for cause, serve it on the other parties along with notice of when it will be presented to the court, and any adverse party then has 10 days to file a denial of the alleged cause. If a denial is filed, the court can hear evidence and decide the issue. If the court sides with the applicant, or if no denial is filed at all, the case goes back through the same appointment procedure to select a replacement mediator.
Finally, the rule encourages circuits to adopt local rules supporting mediation, including rules for mandatory mediation if a circuit wants one, and notes that the Supreme Court of Missouri has approved a Model Local Rule for that purpose.
Frequently Asked Questions
Who can ask the court to order mediation?
Either party can move for it, or the court can order mediation on its own motion, at any time in a domestic relations or paternity case.
What happens to investigations while mediation is pending?
The rule bars the court from ordering an investigation and report during the pendency of the mediation.
Does the mediator have to meet any qualifications?
Yes. Any mediator appointed under a court order in this rule must meet the minimum qualifications required by Rule 88.05.
Can the parties choose their own mediator?
Yes, if they agree and the court approves that choice. If they cannot agree, or the court disapproves, the court selects the mediator.
How does a party challenge an appointed mediator?
By filing a written application to disqualify the mediator for cause, with service and notice to other parties, after which an adverse party has 10 days to file a denial.
What happens if no one denies the disqualification application?
Reassignment of a mediator proceeds under the same appointment procedure set out in the rule.
Are circuits required to adopt local mediation rules?
No, but they are encouraged to, including rules that could make mediation mandatory within the circuit if desired.
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: court ordered mediation Missourimediator appointment proceduredisqualify mediator for causeModel Local Rule 75mandatory mediation family court