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 DURING MEDIATION OR SETTING UP A MEDIATION
Communications during mediation are confidential. The mediator may not share information with anyone outside of mediation without the permission of both parents, (with the exception noted below regarding threat of harm or abuse or neglect of a child).
Communications during the process of setting up the mediation are also confidential. Neither the mediator nor someone who acts on the mediator's behalf to set up a mediation can be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting a mediation session.
WRITTEN MATERIALS
Any written material prepared by or received by a mediator or someone acting on her or his behalf relating to a mediation is also confidential. The only written materials that may be shared with anyone are:
- A summary of the parents' understanding prepared by the mediator and provided to the parents, and with the parents' permission, provided to their attorneys, if any, and to the court;
- Other documents filed with the court in order to obtain a judgment of the court incorporating the parents' Summary of Understanding; and
- Case forms shared with evaluators for the purpose of determining the effectiveness of the M.A.R.C.H. program.
EXCEPTIONS TO MEDIATOR CONFIDENTIALITY
Exceptions to mediator confidentiality exist if the mediator reasonably believes that a threat of violence will result in death or serious bodily harm or if there has been unreported abuse or neglect of a child. In such situations the mediator is required to make a report to the appropriate authorities.
Mediators should include in their Agreement to Mediate the EXCEPTIONS paragraph (4. F) in the sample Agreement to Mediate, and should specifically review these exceptions at the beginning of the mediation to be sure they have been noted by the parents.
AUTHORITY
Missouri Supreme Court Rule 88.08 provides for the confidentiality of communications made during a mediation and in setting up a mediation. The same provisions are codified in Chapter 435.014, Missouri Revised Statutes.
CHILD ABUSE
M.A.R.C.H. realizes that mediation is not appropriate in all situations. Suspected or alleged child abuse is not an issue which should be addressed in mediation. If a parent has a reasonable belief that there has been unreported abuse or neglect of a child, a report should be made to the Division of Family Services (DFS) child abuse and neglect hotline at 1-800-392-3738. The hotline is staffed seven days a week, 24 hours a day. Mediation may be appropriate after investigations have been conducted and/or services provided; however, M.A.R.C.H. is not a program designed to address issues of child abuse or neglect and may not be used for that purpose.
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