Rule 88.05.Mediation--Qualifications of the Mediator.

Rule 88.05 sets the floor for who can serve as a mediator under Rule 88. A prospective mediator must state by affidavit that they are either an attorney or a person holding a graduate degree in a field such as psychiatry, psychology, social work, counseling, or another behavioral science substantially related to marriage and family interpersonal relationships.

Beyond that background requirement, the mediator must have completed at least 20 hours of child custody mediation training in a court-approved program. That training must include a component on violence and power imbalance issues, recognizing that family disputes can involve safety concerns a mediator needs to be equipped to handle. Local court rules may add further qualifications on top of these minimums.

The rule also creates a way for circuit clerks to track qualified mediators. Mediators who meet these qualifications may file proof of them with the circuit clerk of a county, who maintains a master list of qualified mediators available for appointment there. That list is not exhaustive — it does not prevent a court from appointing another qualified mediator who is not on it — and bar organizations may keep their own separate lists as well.

Finally, the rule tells courts what to weigh when appointing a mediator in a specific case. Courts consider the nature and extent of any relationship the mediator has with the parties and any interest that could create bias or a conflict of interest. Courts also weigh the mediator’s knowledge across several areas: the Missouri judicial system and domestic relations procedures, other community resources available to the parties, child development, clinical issues affecting children, the effects of dissolution of marriage on children, family systems theory, and mediation and conflict resolution itself.