Missouri 2024 Regular Session

Missouri Senate Bill SB1096

Introduced
1/3/24  

Caption

Establishes provisions relating to alternative dispute resolution

Impact

This bill, if enacted, will have a substantial impact on civil law in Missouri, specifically affecting how disputes are resolved in civil actions. It allows courts greater authority to refer cases to nonbinding ADR processes, thereby promoting an environment that favors conflict resolution outside of courtroom battles. In addition, the non-binding nature of most ADR processes under the new sections ensures that parties can still pursue litigation if an agreement is not reached, maintaining a balance between fostering mediation and protecting litigants' rights.

Summary

Senate Bill 1096 aims to reform Missouri's regulations surrounding alternative dispute resolution processes by repealing the existing section 435.014 and enacting new sections focused on defining and regulating alternative dispute resolution (ADR) communications. The new regulations will establish clear definitions for terms like mediation, arbitration, and early neutral evaluation, as well as delineate the parameters within which these processes operate. By enacting these provisions, the bill seeks to clarify and enhance the efficacy of ADR within the Missouri judicial framework, encouraging more parties to engage in mediation and arbitration rather than traditional litigation.

Contention

Supporters of SB 1096 argue that it will streamline the dispute resolution process and reduce the burden on courts by resolving cases more efficiently. However, some opponents raise concerns about the mandatory nature of court referrals to ADR processes, fearing it may pressure parties to pursue resolution methods they may not want. Additionally, there are worries regarding the confidentiality provisions associated with ADR communications, as critics argue that these may complicate transparency in certain situations, particularly where issues of wrongdoing are involved.

Companion Bills

No companion bills found.

Previously Filed As

MO SB215

Establishes provisions relating to alternative dispute resolution

MO HB994

Modifies and establishes provisions relating to judicial proceedings

MO HB82

Repeals and establishes provisions relating to alternative dispute resolution

MO SB708

Modifies provisions relating to civil actions

MO HB155

Establishes provisions relating to workplace retirement savings plans

MO SB88

Modifies provisions relating to professional licensing

MO SB157

Modifies provisions relating to professions requiring licensure

MO SB670

Modifies provisions relating to social worker license reciprocity

MO SB398

Enacts provisions relating to motor vehicles

MO SB38

Modifies provisions relating to peace officer standards

Similar Bills

CA AB3221

California Infrastructure and Economic Development Bank.

NV SB69

Revises provisions relating to economic development. (BDR 32-369)

NJ A3131

Permits business entities and nonprofit organizations to adopt certain responsibilities related to stormwater management basins; provides corporation business tax credit for adoption of stormwater management basins in certain watersheds.

NJ A159

Permits business entities and nonprofit organizations to adopt certain responsibilities related to stormwater management basins; provides corporation business tax credit for adoption of stormwater management basins in certain watersheds.

CA AB853

Student financial aid: Golden State Scholarshare Trust Act.

CA AB340

Golden State Scholarshare Trust: Personal Income Tax Law: gross income: deductions.

TN SB0536

AN ACT to amend Tennessee Code Annotated, Title 49, relative to education.

TN HB0194

AN ACT to amend Tennessee Code Annotated, Title 49, relative to education.