Missouri Senate Bill SB1148

Missouri 2022 Regular Session

• Introduced: 2/15/22
• Refer: 3/10/22

Caption

Establishes provisions relating to alternative dispute resolution processes

Impact

The enactment of SB1148 would substantially impact the procedural landscape for civil disputes within the state. The law emphasizes confidentiality in ADR communications, which would protect parties engaging in dispute resolution from having their negotiations used against them in court. Such measures are seen as vital in encouraging parties to settle disputes amicably without the fear of prejudicing their positions in subsequent legal actions. Furthermore, the bill allows courts to refer disputes to ADR processes, enhancing judicial efficiency and promoting settlements outside of court.

Summary

Senate Bill 1148 seeks to overhaul the existing framework governing alternative dispute resolution (ADR) processes in Missouri by repealing section 435.014 and establishing new sections 435.300 to 435.312. The bill defines critical terms related to ADR, such as 'alternative dispute resolution communication' and 'mediator', and provides guidelines on the nonbinding and binding nature of ADR processes. By doing so, it aims to introduce more structured procedures that facilitate mediation and arbitration as alternatives to litigation, thereby aiming to reduce court congestion and foster efficient dispute resolution.

Contention

Notable points of contention include concerns over the balance of power in ADR processes. While proponents argue that increased confidentiality boosts participation in ADR, critics raise alarms about the potential for the bill to marginalize less powerful parties within disputes, particularly if they lack legal representation. The bill stipulates that neutrals (those who facilitate ADR) must avoid conflicts of interest and disclose any relevant relationships, which is intended to uphold the impartiality of the resolution process. However, questions about the effectiveness of these safeguards in practice remain a topic of discussion among stakeholders.