Reviewed August 2026
Mediation in Missouri
Missouri gives family courts discretion to order mediation and other alternative dispute resolution in custody and visitation cases. But the law builds in a specific, named exception for domestic violence. Under RSMo 452.372, custody or visitation may be involved in a dissolution or legal separation case. When that happens, the court may order the parties into an ADR program under Missouri Supreme Court rule, except for good cause shown. The statute defines good cause precisely. It includes uncontested custody or temporary physical custody cases. It also includes a finding of domestic violence or abuse made by a court with jurisdiction after all parties received notice and a chance to be heard. Good cause does not include the mere absence of qualified mediators in the area. Separately, the statute requires the court to order all parties to attend educational sessions on the effects of separation on children. This applies in any case involving a minor child's custody or visitation. This applies regardless of whether ADR is also ordered.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under Missouri law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Missouri paperwork. See how Virdix works for California divorces.
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Mandatory parent education and ADR
RSMo 452.372(1) applies when a person files for dissolution of marriage or legal separation and custody or visitation of a minor child is involved. In that case, the court shall order all parties to attend educational sessions under section 452.605. This requirement is separate from, and applies regardless of, whether the case also gets referred to alternative dispute resolution. Parties in a later modification proceeding who already attended these sessions may be required to attend again. RSMo 452.372(2) applies in cases involving custody or visitation issues and lets the court order the parties to participate in an alternative dispute resolution program under Missouri Supreme Court rule, to resolve disputed issues. It can also set the matter for a hearing instead. This is discretionary, and it comes with a built-in good cause exception the court must apply.
The good cause and domestic violence exception
Under RSMo 452.372(2), the court cannot order ADR where good cause is shown. The statute defines good cause to include, but not be limited to, uncontested custody or temporary physical custody cases. It also includes a finding of domestic violence or abuse, as determined by a court with jurisdiction after all parties have received notice and an opportunity to be heard. Notably, the statute is explicit that good cause does not mean the mere absence of qualified mediators in the area. That closes off that excuse for skipping ADR.
Rules that govern any ordered ADR program
RSMo 452.372(3) sets firm limits on any court-ordered ADR program. It may be paid for by the parties in a proportion the court determines, with cost that must be reasonable and customary for the circuit where it's ordered. It cannot be binding on the parties, and cannot be ordered or used for contempt proceedings. It also cannot be ordered or used for child support issues, and cannot be used to modify a prior court order except by the parties' own agreement. This keeps ADR firmly in the category of a settlement tool, rather than a binding or coercive process.
Circuit-by-circuit ADR programs
RSMo 452.372(4) required the Missouri Supreme Court to have a rule in effect, within 120 days of the statute's August 28, 1998 effective date. That rule allows, but does not require, each judicial circuit to establish an alternative dispute resolution program for custody and temporary physical custody proceedings. Whether a particular Missouri circuit runs its own ADR program, and how it operates, depends on that circuit's own choice to set one up. There is no single statewide program every county must offer the same way.
How a mediated agreement becomes a court order
RSMo 452.372(3) makes ADR non-binding on the parties, so an agreement reached through the process is not automatically enforceable. It needs to be put in writing and submitted to the court handling the dissolution or custody case. It becomes an enforceable order once the judge reviews and approves it, incorporating it into the decree or a separate custody and visitation order. If the parties don't reach agreement, the case proceeds toward the hearing the court would otherwise have set.
Not independently confirmed
- Which Missouri judicial circuits currently operate an active alternative dispute resolution program under the Supreme Court rule authorized by RSMo 452.372(4)
- Full current text of Missouri Supreme Court Rule 88 governing court-annexed ADR programs
- Typical per-session ADR costs by circuit, and whether any circuits offer subsidized mediation for families with active child support cases
Mediation in Missouri: frequently asked questions
Is mediation required for custody disputes in Missouri?+
Not automatically in every case. RSMo 452.372 lets the court order the parties into an alternative dispute resolution program in cases involving custody or visitation, but this is discretionary and comes with a built-in good cause exception the court has to consider before ordering it.
Can a Missouri court order ADR if there's been domestic violence?+
Generally no. RSMo 452.372(2) defines good cause, which blocks a court from ordering ADR, to include a finding of domestic violence or abuse made by a court with jurisdiction after all parties received notice and an opportunity to be heard. Good cause also covers uncontested custody or temporary physical custody cases.
Is Missouri custody ADR binding?+
No. RSMo 452.372(3) specifies that any court-ordered alternative dispute resolution program cannot be binding on the parties, cannot be used for contempt proceedings or child support issues, and cannot be used to modify a prior court order except by the parties' own agreement.
Do all Missouri counties offer the same ADR program for custody cases?+
No. RSMo 452.372(4) required the Missouri Supreme Court to adopt a rule allowing, but not requiring, each judicial circuit to establish its own alternative dispute resolution program for custody cases. Availability and structure depend on the individual circuit.
Do I have to attend a parenting class in a Missouri custody case?+
Yes, generally. RSMo 452.372(1) requires the court to order all parties to attend educational sessions under section 452.605 whenever a dissolution or legal separation case involves the custody or visitation of a minor child, separately from whether the case is also referred to ADR.
Who pays for Missouri court-ordered ADR?+
The parties pay, in a proportion the court determines, and the cost must be reasonable and customary for the circuit where the program is ordered, under RSMo 452.372(3).
This page is general information about mediation in Missouri, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Missouri's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Missouri. Virdix does not prepare or file Missouri divorce paperwork. It is not a substitute for an attorney licensed in Missouri.
More Missouri divorce guides
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