The parties, whose names appear below, understand that a maximum of two hours of mediation
is provided at no charge through the Seventh Judicial Circuit Office of Dispute Resolution
Services. The mediation shall be conducted in accordance with Missouri Supreme Court Rule 17.
Purpose of Mediation
Mediation is a process in which a neutral third party (the "mediator")
helps the parties communicate effectively to discuss resolution of issues in dispute between them.
Role of Mediator
A mediator allows parties to make their own decision and may not impose
his or her own judgment on the issues. The mediator will not provide either party with legal advice.
The mediator shall not be subpoenaed or otherwise compelled to reveal any matter disclosed in the
process of setting up or conducting the mediation. The mediator may be called as a witness to
enforce the written settlement agreement reached by the parties for the limited purpose of
describing events following the termination of the mediation.
Right to Counsel
Each party is encouraged to be informed about his or her legal rights.
Parties may bring their attorneys to the mediation session and have a right to consult with
their attorneys outside the presence of other parties.
Mediation is considered part of settlement negotiations. Generally,
any communications relating to the subject matter made during the mediation by any participant,
the mediator, or any other person present at the mediation shall be confidential communications.
No admission, representation, statement or other confidential communication made in setting up
or conducting mediation shall be admissible as evidence or subject to discovery, except that
facts independently discoverable shall be not excluded just because they were also disclosed
during mediation. The court shall be informed within ten (10) days of the termination of mediation
only whether the parties were successful in resolving their dispute or that issues remain open
Nothing said or agreed upon in mediation is binding. Settlement
shall be by a written document executed after termination of mediation, setting out the
essential terms of the agreement. A written agreement may create a binding contract between
the parties, but requires approval of the court to be enforceable as a court order.