452.372. Mandatory educational sessions, when--alternative dispute resolution, when. - Missouri Statutes

Mandatory educational sessions, when--alternative dispute resolution,when.

452.372. 1. When a person files a petition for dissolution ofmarriage or legal separation and the custody or visitation of a minor childis involved, the court shall order all parties to the action to attendeducational sessions pursuant to section 452.605. Parties to amodification proceeding who previously have attended educational sessionspursuant to section 452.605 may also be required to attend such educationalsessions.

2. In cases involving custody or visitation issues, the court may,except for good cause shown or as provided in subsection 3 of this section,order the parties to the action to participate in an alternative disputeresolution program pursuant to supreme court rule to resolve any issues indispute or may set a hearing on the matter. As used in this section, "goodcause" includes, but is not limited to, uncontested custody or temporaryphysical custody cases, or a finding of domestic violence or abuse asdetermined by a court with jurisdiction after all parties have receivednotice and an opportunity to be heard, but does not mean the absence ofqualified mediators.

3. Any alternative dispute resolution program ordered by the courtpursuant to this section may be paid for by the parties in a proportion tobe determined by the court, the cost of which shall be reasonable andcustomary for the circuit in which the program is ordered, and shall:

(1) Not be binding on the parties;

(2) Not be ordered or used for contempt proceedings;

(3) Not be ordered or utilized for child support issues; and

(4) Not be used to modify a prior order of the court, except byagreement of the parties.

4. Within one hundred twenty days after August 28, 1998, the Missourisupreme court shall have a rule in effect allowing, but not requiring, eachcircuit to establish an alternative dispute resolution program forproceedings involving issues of custody and temporary physical custodyrelating to the child.

(L. 1998 S.B. 910)