Missouri HB 953: Repeals and establishes provisions relating to alternative dispute resolution

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 953
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE RIGGS.
2086H.02I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 435.014, RSMo, and to enact in lieu thereof five new sections relating to
alternative dispute resolution.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 435.014, RSMo, is repealed and five new sections enacted in lieu
2 thereof, to be known as sections 435.300, 435.303, 435.306, 435.309, and 435.312, to read as
3 follows:
435.300. As used in sections 435.300 to 435.312, the following terms mean:
2 (1) "Alternative dispute resolution communication", a statement, whether
3 communicated orally, in writing, or by verbal or nonverbal conduct, that is either:
4 (a) Related to the subject matter of the dispute and made during an alternative
5 dispute resolution process; or
6 (b) Made as part of considering, conducting, participating in, initiating, continuing,
7 or reconvening an alternative dispute resolution process.
8
9 The term "alternative dispute resolution communication" shall not include the
10 notifications or reports made under subsection 2 of section 435.303 or subsection 8 of
11 section 435.306 or a written agreement as described under section 435.312;
12 (2) "Alternative dispute resolution process", mediation, arbitration, or early
13 neutral evaluation used in conjunction with a pending civil action, and any other
14 alternative to trial that has been included in a local court rule applicable to a civil dispute;
15 (3) "Arbitration", a binding procedure in which a neutral or panel of neutrals
16 hears and decides a dispute between two or more parties;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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17 (4) "Conflict of interest", any direct or indirect financial or personal interest in the
18 outcome of a dispute or any existing or prior financial, business, professional, family, or
19 social relationship with any participant in an alternative dispute resolution process that
20 is likely to affect the impartiality of the neutral or that may reasonably create an
21 appearance of partiality or bias;
22 (5) "Early neutral evaluation", a process in which a neutral provides parties to a
23 dispute with a nonbinding assessment of their dispute;
24 (6) "In camera", a proceeding held in a judge's chambers or in a courtroom from
25 which the public is excluded;
26 (7) "Mandated reporter", an individual who is required to report abuse or neglect
27 under the provisions of section 192.2405, 192.2475, 198.070, 208.912, 210.115, 352.400,
28 630.162, or 630.165;
29 (8) "Mediation", a process in which a neutral facilitates communications among
30 the parties and assists the parties in their efforts to reach a voluntary agreement regarding
31 the dispute;
32 (9) "Mediator", a neutral who conducts mediation;
33 (10) "Neutral", an individual who, acting independently and not as a
34 representative, agent, or advocate of any of the parties, assists the parties in their efforts
35 to reach a resolution of their dispute through an alternative dispute resolution process;
36 (11) "Participant", any person or entity, including any neutral or party, who
37 participates in an alternative dispute resolution process;
38 (12) "Party", an individual or entity named as a party in a pending civil action, or
39 in an agreement to use an alternative dispute resolution process as described under sections
40 435.309 and 435.312;
41 (13) "Person", an individual; a public or private corporation, business trust, estate,
42 trust, partnership, limited liability company, or insurance company; an association; a joint
43 venture; a governmental unit, subdivision, agency, or instrumentality of the state; or any
44 other legal or commercial entity;
45 (14) "Proceeding", a judicial, administrative, arbitral, or other adjudicative process
46 subject to sections 435.300 to 435.312, including related prehearing and posthearing
47 motions, conferences, hearings, and discovery;
48 (15) "Writing" or "written", a tangible or electronic record of a communication
49 or representation, including handwriting, typewriting, printing, photostating,
50 photography, audio or video recording, and electronic communication;
51 (16) "Written agreement", a writing that:
52 (a) Contains the essential terms of an agreement; and

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53 (b) Is signed, executed, or adopted by the parties by any process described under
54 subdivision (15) of this section, including electronic signatures as permitted by section
55 432.230, with the intent to sign and be bound by the writing and attached to or logically
56 associated with the writing.
435.303. 1. A court may refer any individual civil case or category of civil cases to
2 mediation or another nonbinding alternative dispute resolution process eithe