Rule 88.07.Termination of Mediation.

Rule 88.07 governs how mediation under Rule 88 comes to an end before an agreement is reached. It gives either party an exit: after two hours of mediation ordered under Rule 88.04, either party may terminate the process. Mediation does not have to run indefinitely if a party decides it is not working.

The rule also puts an obligation on the mediator to end the process in certain situations, regardless of what the parties want. The mediator must terminate mediation if continuing would harm or prejudice one or more of the parties or the children, or if a party’s ability or willingness to participate meaningfully is so lacking that a reasonable agreement is unlikely. These triggers protect the parties and their children from a process that has stopped functioning as intended.

Once mediation ends, the mediator reports the termination to the court. But the rule limits what the mediator can say about why. The mediator does not state the reason for termination, with one exception: if the termination stems from the mediator’s own conflict of interest or bias, that is disclosed, and another mediator can then be appointed. This balance keeps the substance of mediation confidential while still letting the court know the process has ended and, when relevant, arrange for a new mediator.