Is Mediation Required in Jefferson County?
Yes where parents disagree about custody or visitation. Mediation required in Jefferson County runs to at least two hours under Local Rule 68.11 of the 23rd Judicial Circuit, unless the court waives it.
After those two hours, whatever is still contested on custody or visitation can go to a second stage called judicial mediation, run by a judge rather than a private neutral. That stage is not automatic, but when it is ordered the parties, their attorneys and the Guardian ad Litem all have to take part, and it can produce a Provisional Order the parties cannot simply walk away from.
This page was written from the 23rd Circuit local rules marked REV 20251208. Jefferson County publishes through document centre links and the document number changes when a new version is posted, so confirm you are reading the current file.
What Does the Two Hour Requirement Cover?
Contested custody and visitation, and nothing else. The rule does not require mediation of property division, maintenance or support.
Local Rule 68.11(1)(A) provides that “in every case involving contested issues of custody and/or visitation, the parties shall participate in a minimum of two (2) hours of mediation pursuant to S.Ct. Rule 88.02 through 88.08 and the local rule, unless waived by the court as hereinafter set forth.”
That makes mediation required in Jefferson County narrower than the rule one county over. Our FAQ on mediation in St. Louis County covers a rule that expressly names maintenance and property division. Our FAQ on mediation in St. Charles County covers a rule that mandates custody and merely encourages the financial issues.
Beyond the minimum, Rule 68.11(1)(A) provides that “any mediation beyond the initial two hours shall proceed by mutual agreement of the parties and the mediator.” So the required session is a floor, and anything further depends on agreement.
The local rule sits on top of Missouri Supreme Court Rule 88.02, which lets any circuit “establish a mediation program for contested issues, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, and property division.” The 23rd Circuit could have reached the money. It chose not to.
If your case involves a business, real estate, retirement accounts or support, do not assume a two hour custody mediation touches any of it.
What Is Judicial Mediation?
A second mediation stage conducted by a judge instead of a private neutral, available once the initial two hours are done or waived.
Rule 68.11(2)(A) provides that “unless the Court waives the submission to mandatory mediation, or after the parties have completed a minimum of two (2) hours of mediation pursuant to S.Ct. Rule 88.02 through 88.08 and the local rule, any remaining contested issues of custody and/or visitation, may be subject to judicial mediation.”
Note the word may. Judicial mediation is available, not automatic. Once it is ordered, the rule fixes how it runs.
- Two hours, extendable. Rule 68.11(2)(B) allows it to “be extended by agreement of the parties and judicial mediator”
- Everybody attends. Rule 68.11(2)(D) requires that “all parties and their counsel as well as the Guardian ad Litem shall participate in judicial mediation”
- The judicial mediator can be challenged. Rule 68.11(2)(C) lets any party or the Guardian ad Litem petition to disqualify the assigned judicial mediator “within ten (10) days of the appointment by the trial court,” after which a replacement is named
A Guardian ad Litem is an attorney appointed to investigate and advocate for what is best for the child. That attorney represents neither parent.
A judge running a mediation is a materially different room from a private mediator running one. The judge is mediating rather than deciding, and under Missouri Supreme Court Rule 88.06 a mediator still does not represent either party and still has to advise each person in writing to get independent legal advice. Understanding that before you walk in matters more here than anywhere else in this process.
What Is a Provisional Order?
An order the judicial mediator enters recording what was agreed, which the parties generally cannot revoke on their own while it waits for the trial judge.
Rule 68.11(2)(F) provides that on a finding “that the agreements (or partial agreements) reached during judicial mediation are in the best interest of the subject minor child (ren) and are not unconscionable as to other issues, a Provisional Order shall be entered by the Judicial Mediator. Such order shall not be effective until co-entry by the trial court at the first pretrial conference or Case Management Conference scheduled after completion of the judicial mediation. Said agreements (or partial agreements) shall be irrevocable by the parties pending action by the trial judge unless vacated by the Judicial Mediator upon appropriate motion by a mediating party prior to presentment to the court.”
Three qualifications sit on that, and quoting only the irrevocable clause overstates it.
- It does nothing on entry. The order is not effective until the trial court co-enters it at the first pretrial or case management conference
- There is an exit. The judicial mediator may vacate the agreements on an appropriate motion by a mediating party, provided it comes before presentment to the court
- The trial judge still reviews it. Rule 68.11(2)(G) requires the court to “examine any agreement(s), determine whether its provisions are contrary to the best interest of the child (ren) or is otherwise unconscionable, and unless rejected, enter an appropriate judgment or order approving the agreement, including entry of a Provisional Order”
So it is not a final contract and it is not nothing. It is a commitment you cannot unilaterally withdraw from while a judge looks at it, which is a real departure from the general rule. Missouri Supreme Court Rule 88.08(c) makes all mediations non binding unless the parties enter a written agreement. Our FAQ on whether a mediated agreement is binding covers that difference in full.
Does Mediation Pause My Case?
Yes. Appointing a mediator stays discovery for up to sixty days, and that clock is the first thing to plan around.
Rule 68.11(1)(F) provides that “upon appointment of a mediator, compliance with S.Ct. Rule 17 time standards and all discovery procedures shall be stayed for a period not to exceed 60 days unless extended by the Court for good cause shown. Any stay pursuant to this rule shall expire when the Notice of Mandatory Mediation Compliance is filed with the Court.”
So mediation required in Jefferson County comes with a clock attached, and it starts on the appointment rather than on the session. Discovery is the formal exchange of information and documents before a hearing. In a case with a business, appraisals or complicated support, sixty days without it is a meaningful gap.
The stay does not freeze the case. It reorders it. The useful move is to work out what should be gathered before a mediator is appointed rather than after, because the clock starts on the appointment and not on your readiness.
Can You Get Temporary Orders First?
Generally not until the compliance form is filed, with a good cause exception and one partial relaxation.
Rule 68.11(1)(I) provides that “no case shall be heard on temporary motions, pretrial conferences or trial until the Notice of Mandatory Mediation Compliance form is filed with the Court, unless waived by the Court upon a showing of good cause.”
The relaxation comes after the first stage. Rule 68.11(2)(E) provides that “after Mediation pursuant to both this Rule as well as MOSC Rules 88.02 through 88.08, but before completion of Judicial mediation, temporary motions, pendente lite motions, and pretrial conferences may be set by the Court upon a showing of good cause.”
Pendente lite simply means temporary relief while the case is pending, which can include interim support or interim arrangements for the children. If money is an immediate problem, that sequence is worth understanding early. Our spousal maintenance page covers the support side.
What About Domestic Violence?
The rule requires screening. It does not create an exemption a party can exercise on their own.
Rule 68.11(1)(E) provides that “some cases may be inappropriate for mediation, which may include those with a history of domestic violence. The Court appointed mediator shall complete a thorough screening for domestic violence. If the case is deemed inappropriate for mediation due to domestic violence, or for any other reason determined by the mediator, the mediator shall immediately file the Notice of Mandatory Mediation Compliance Form with the Court.”
Note who decides. The screening is mandatory for the court appointed mediator, the determination belongs to that mediator, and the way out is a filing rather than a right a party exercises. Rule 68.11(1)(A) refers to waiver “as hereinafter set forth” and nothing later in the rule sets out a waiver standard.
Section 452.372.2 RSMo separately treats a court finding of domestic violence or abuse as good cause for not ordering alternative dispute resolution. If there is a safety concern, raise it with your own attorney before a mediator is appointed, not for the first time in the room.
Who Pays for It?
The rule does not say, which is unusual and worth knowing in advance.
Rule 68.11(1)(C) provides only that “fees for mediation may be adjusted by the Court upon consideration of the Statement of Income and Expenses and if resources are available to the Court.” Rule 68.11(1)(G) requires the mediator list to include “the mediator’s hourly fee,” optionally with qualifications and experience, and requires that the list “shall be made available to all parties.”
So the hourly rate is published per mediator and the allocation is left to the court. Ask how it is being handled in your case rather than assuming a split. Our FAQ on the Statement of Income and Expenses covers the document the court looks at when it decides.
What Does the Jefferson County Rule Not Decide?
Three things, and each one gets assumed into it.
It does not put your financial case into mediation. Mediation required in Jefferson County is a custody and visitation process, and reading it as a whole case process is the most expensive mistake available here. Rule 68.11 reaches contested custody and visitation. Property, maintenance and support follow their own track, with a discovery stay sitting in the middle of it.
It does not keep you in the room. Under Rule 88.07(a), “at any time after two hours of mediation either party may terminate mediation ordered under Rule 88.04.”
And it does not make what you agree final. A separation agreement binds the court unless it is unconscionable under Section 452.325.2 RSMo, and once a property division is in the judgment Section 452.330.5 RSMo makes it “a final order not subject to modification.” The review is real, and so is the finality afterwards.
Who Can Help With Mediation in Jefferson County?
The 23rd Circuit runs a two stage process with a discovery stay in the middle of it and a Provisional Order at the end of it, and none of that is obvious from the outside. Knowing which stage you are in changes what you should be doing that month.
Bardol Law Firm practices only family law and handles mediation and litigation in St. Louis County, St. Louis City, St. Charles County and Jefferson County. You can read more about our mediation practice, about property and asset division, about our work for business owners, and about high net worth divorce.
You should not have to guess where your case sits while a sixty day clock runs. Every client here has a named paralegal on the file, and we generally return calls within one business day.
Family Law, Simplified.
If your case is in Hillsboro and a mediator has just been appointed, the discovery clock is the first conversation to have. Contact Bardol Law Firm or call 314.918.0100.
This page is general information about Missouri law and is not legal advice. Every case turns on its own facts. The choice of a lawyer is an important decision and should not be based solely upon advertisements.