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Backed by 120+ Years Collective Experience | Certified Mediators on Staff | Guardian ad Litem on Team | Local Columbia Office
Gump, Faiella & Bugalski | Columbia Office: 1000 W. Nifong, Bldg 2, Suite 220B | 573-818-2646
If you are working through a divorce, custody dispute, or support disagreement in Columbia or anywhere in Boone County and want to resolve it outside of a courtroom, Gump, Faiella & Bugalski has three mediators on staff, two of them certified specifically in family law mediation, who handle these cases from our Columbia office.
Mediation works well in many family law situations, but it is not a soft alternative to litigation. Effective mediation requires an attorney who understands what a judge would likely do if the case went to trial, because that knowledge shapes what a reasonable settlement looks like. Our mediators are experienced family law trial attorneys, which means they bring a courtroom perspective into the mediation room. That combination produces agreements that hold up, not just agreements that feel good in the moment.
For contested custody and visitation cases in Boone County, mediation is not just an option. The 13th Judicial Circuit requires it under Local Rule 68.12.
Mediation is a structured negotiation process where a neutral third party helps both sides communicate, identify priorities, and explore options for agreement. The mediator does not make decisions for you. The mediator’s role is to facilitate productive conversation and help both parties find common ground.
Family law mediation can address most of the issues that arise in a divorce or custody case, including property division, custody and parenting plan arrangements, child support, spousal maintenance, and visitation schedules. If the parties reach an agreement, that agreement is presented to the court for approval. Once a judge signs off, a mediated agreement becomes a legally binding court order with the same enforceability as any judgment entered after trial.
A few common misconceptions are worth clearing up. Mediation is not therapy. It is not arbitration, where a third party makes a binding decision. And having a mediator does not mean you do not need a lawyer. Each party can and often should have its own attorney during the mediation process to review proposals, explain legal rights, and ensure the final agreement protects their interests.
If you have a child custody or visitation dispute in Boone County, mediation is not optional. Under 13th Judicial Circuit Local Rule 68.12, parties with unresolved custody or visitation issues must participate in at least two hours of mediation with a trained professional before the court will set the case for trial. The requirement is specific to child custody disputes. Other family law matters, such as property division or maintenance disputes that do not also involve a contested custody question, are not covered by the rule.
The court can waive the requirement for good cause, such as cases involving domestic violence or situations where the issues are already fully resolved. But for most families going through a contested custody or visitation dispute, mediation will be part of the process.
Missouri law provides additional authority for courts to order mediation beyond local rules. Under RSMo § 452.372, courts may order parties in custody or visitation cases to participate in alternative dispute resolution. RSMo § 487.100 gives family court judges broader discretion to order or recommend mediation, counseling, or home studies in any family court case.
Even when mediation is court-ordered rather than voluntary, the process remains collaborative. The mediator does not impose a decision. Both parties still control the outcome.
The 13th Circuit also offers the MARCH (Mediation Achieving Results for Children) program, which provides no-cost mediation services for eligible families. For families who prefer to work with a private mediator with family law trial experience, our attorneys are available at the Columbia office.
Contact us by filling out the form and someone will be in touch with you shortly.
In litigation, a judge decides. In mediation, both parties shape the agreement. That distinction matters because no judge, regardless of experience, can know your family the way you do. Mediated agreements tend to be more detailed and more precisely tailored to the family's actual needs, schedules, and circumstances. Parents who reach their own custody arrangements through mediation also tend to have fewer disputes requiring modification down the road.
Mediation is typically significantly less expensive than taking the same issues to trial. A contested custody or divorce case that goes through the full litigation process can stretch over six to twelve months and involve depositions, motions, expert witnesses, and trial preparation costs that accumulate quickly. Cases that resolve through mediation often conclude in a matter of weeks or months.
For parents who will share custody and co-parent for years or even decades, the adversarial litigation process can create lasting damage to the working relationship. Mediation keeps communication open and models cooperative problem-solving for both parties and for children. Research in family law consistently shows better long-term outcomes for children when parents resolve custody disputes through mediation rather than contested court proceedings.
Court hearings are public. Financial disclosures, parenting disputes, and personal details become part of a public record that anyone can access. Mediation proceedings are generally confidential. While the final agreement is entered as a court order, the discussions, proposals, and negotiations that led to that agreement remain private.
Not every case is a good fit for mediation, and being honest about that is part of responsible legal counsel.
Mediation is generally not appropriate in cases involving domestic violence or a history of abuse. Missouri law recognizes this directly. RSMo § 452.372 identifies domestic violence as good cause for the court to waive the mediation requirement. Mediation also may not work in situations involving severe power imbalances where one party cannot negotiate effectively, cases where one party is deliberately hiding assets or being dishonest about finances, or situations where one party simply refuses to participate in good faith.
That said, mediation is not all or nothing. Even in cases where full mediation is not appropriate, a mediator can sometimes help resolve specific issues, such as a parenting schedule or a single property division question, while the remaining unresolved matters proceed through the court.
Most mediators in the Columbia area are either retired attorneys who no longer practice or professionals whose work is limited to the mediation room. Our mediators are different. They are active family law trial attorneys who handle contested cases in Boone County courts on a regular basis.
That courtroom experience matters in mediation. When both parties understand what a judge is likely to do if the case goes to trial, the conversation changes. Realistic expectations lead to more productive negotiations. Our mediators can help both parties assess the strengths and weaknesses of their positions because they see how these cases play out in front of judges, not just on paper.
We also have three mediators on staff with different scopes. Cassie J. Carpenter Bugalski is licensed to mediate all civil case types, not just family law. Jordan Hudspith and Benjamin Brammeier are certified specifically in family law mediation. That depth gives clients scheduling flexibility and the ability to match the right mediator to the right case.
For cases involving retirement accounts, business interests, or complex property division, our mediators handle these issues as part of their regular family law caseload. You are working with mediators who understand the substantive issues in your case, not mediators who will need to research how a retirement account division works. This connects directly to our high-asset divorce and silver divorce practice.
Jordan focuses her practice on divorce, child custody, high-asset divorce, and mediation from our Columbia office. A certified mediator and Guardian ad Litem, she brings a track record in complex custody litigation and is admitted to practice in Missouri and Alabama and before the U.S. District Court for the Eastern District of Missouri.
Ben focuses his practice on divorce, custody, and property division from our Columbia office. A certified mediator and Guardian ad Litem, he brings disciplined preparation and deep familiarity with the Boone County court system to every case he handles. Ben is admitted to practice in Missouri.
Our Columbia family law team is supported by Cassie Bugalski, Adrienne Spiller, and the full Gump, Faiella & Bugalski team, giving clients access to the largest dedicated family law group in the Columbia area.
Our Columbia office serves clients throughout Boone County and the surrounding Mid-Missouri area, including Ashland, Hallsville, Centralia, and Harrisburg.
We also maintain our primary office at 110 North Fifth Street, Moberly, MO 65270, where our managing member and additional attorneys are based. Call 660-263-3100 for our Moberly office.
Gump, Faiella & Bugalski, LLC 1000 W. Nifong, Blvd Building 2, Suite 220B Columbia, MO 65203
Phone: 573-818-2646
Toll Free: 800-264-3455
Office Hours:
Monday – Thursday: 9 AM – 12 PM, 1 – 5 PM
Friday: 9 AM – 12 PM, 1 – 4 PM
Yes. Under 13th Judicial Circuit Local Rule 68.12, parties with unresolved child custody or visitation issues must participate in at least two hours of mediation with a trained professional before the court will set the case for trial. The requirement applies specifically to child custody disputes. The court may waive it for good cause, such as cases involving domestic violence or situations where the parties have already resolved all custody issues.
A mediator is a neutral facilitator, not a legal advisor for either party. Each party can and often should have its own attorney to review proposals, explain legal rights, and make sure the agreement protects its interests. Having a mediator does not replace having a lawyer. It changes how the negotiation happens, not whether you need legal guidance.
It depends on the complexity of the issues. Some cases resolve in a single session. Others require two or three sessions spread over a few weeks. Even multi-session mediation is typically much faster than litigating the same issues through the court system, where scheduling, motions, and trial preparation can stretch a case over many months.
Most family law issues can be mediated, including divorce terms, property division, custody and parenting plans, child support, spousal maintenance, and visitation schedules. If parties reach an agreement on some issues but not others, the resolved portions can be entered as a partial agreement while the unresolved issues proceed through the court.
If mediation does not result in a full agreement, the case moves forward to litigation. Nothing said during mediation can be used against either party in court. The confidentiality of the mediation process is preserved regardless of the outcome.
Mediation does not require that you get along. It requires that both parties are willing to participate in good faith. A skilled mediator manages the conversation, keeps it productive, and can meet with each party separately in what are called caucus sessions if direct communication is too difficult. Many of the cases we mediate involve parties who are not communicating well. That is part of why a mediator is there.
Mediation uses a neutral facilitator to help both parties reach their own agreement. The mediator does not take sides and does not make decisions. Collaborative divorce involves both parties and their attorneys signing an agreement to resolve the case without going to court. If the collaborative process fails, both attorneys must withdraw. Arbitration is closer to a private trial where the arbitrator hears evidence and makes a binding decision. Of these three options, mediation gives both parties the most control over the outcome.
Choosing mediation is a practical decision. It means you are willing to work toward a resolution that both parties can accept, on a timeline and at a cost that makes sense for your family.
Whether you are exploring mediation voluntarily or the court has directed you to participate under Local Rule 68.12, our Columbia office is ready to help. Contact Gump, Faiella & Bugalski to discuss your situation and find out whether mediation is the right path for your case.
Call (573) 818-2646 or request a consultation online.
Gump, Faiella & Bugalski, LLC | 1000 W. Nifong Blvd, Building 2, Suite 220
This page is for informational purposes only and does not constitute legal advice. Every family law case involves unique circumstances. For advice specific to your situation, contact Gump, Faiella & Bugalski at 573- 818-2646.
