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Rule 7 Domestic Relations Practice

Baldwin's Kentucky Revised Statutes Annotated24th Judicial Circuit - Johnson, Lawrence and Martin Family Court

Baldwin's Kentucky Revised Statutes Annotated
24th Judicial Circuit - Johnson, Lawrence and Martin Family Court
KY RJFC Rule 7
Rule 7 Domestic Relations Practice
Currentness
701 Time-Sharing/Visitation Guidelines
The Time-sharing / Visitation Guidelines are attached as Appendix B and are incorporated by reference herein and may be used by the parties and the Court subject to the specific facts of the case.
702 Mediation
A. If ordered by the court pursuant to FCRPP 2(6), the parties shall engage in non-binding mediation unless the exceptions provided under KRS 403. 036 apply.
B. Requirements for Property Mediation
The parties shall exchange and provide to the Mediator, in no less than five (5) working days prior to the mediation conference, the following:
a. Their respective Financial Disclosure Statements including any changes thereto;
b. Copies of all documents supporting their valuation of the parties' assets;
c. Copies of all documents verifying monthly payments and outstanding balances on all the parties' debts; and
d. All information and copies of all documents requested by the Mediator prior to the mediation conference.
C. Qualifications for Court Approved Mediators
All mediators in the 24th Circuit Family Court shall be approved by the Kentucky Administrative Office of the Courts prior to being appointed.
D. Disqualification of a Mediator
Any party may move the Court to disqualify a Mediator. Mediators have a duty to disclose any fact bearing on their qualifications, including any fact which would be grounds for disqualification of a Judge. If the Court rules that a Mediator is disqualified, an Order shall be entered setting forth the name of a qualified replacement. Nothing in this provision shall limit the discretion of a Mediator to refuse any assignment. A Mediator may elect to decline to act as the Mediator, which is final upon written notification to the parties and the Court.
E. Adjournment
The Mediator may suspend or terminate mediation whenever, in the opinion of the Mediator, the matter is not appropriate for further mediation or at the request of either party.
F. Counsel
The parties shall attend the mediation conference and shall appear promptly at the time and location for the scheduled mediation conference. The Attorneys for each party may attend and participate, subject to their defined roles as set by the Mediator, and shall at all times, be permitted to privately communicate with their respective clients.
G. Compensation of Mediator
The Mediator shall be compensated at the rate agreed upon by the Mediator and the parties. The Mediator's fee may include, but is not limited to:
a. Mediation sessions;
b. Preparation for sessions;
c. Travel time;
d. Postponement or cancellation of mediation sessions by the parties and the circumstances under which such charges will normally be assessed or waived; and
e. Preparation of the parties' written mediation agreement if prepared by the Mediator.
H. Completion of Mediation
1. At the conclusion of mediation, the Mediator shall file a Report with the Court within thirty (30) days as to the outcome of the mediation, (i.e., full agreement, partial agreement or mediation terminated). Termination or non-agreement shall be without prejudice to either party.
2. Court shall retain final authority to accept, modify, or reject any mediation agreement.
3. The attorneys and pro se litigants, shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
I. Confidentiality
1. Mediation proceedings shall be held in private and all communications, verbal or written, made in the proceedings shall be confidential. The same protection shall be given to communications between the parties in the presence of the Mediator. The only exception to this Rule is that the Mediator shall be responsible for reporting abuse according to KRS 209.030, KRS 209A.030 and KRS 620.030.
2. All conduct and communications made during a mediation conference shall be treated as settlement negotiations and shall be governed by KRE 408.
3. Mediators shall not be subpoenaed regarding the disclosure of any matter discussed during the mediation which is considered confidential. This privilege and immunity resides with the Mediator and may not be waived by the parties or their attorneys.

Credits

HISTORY: Amended effective June 20, 2012. Prior amendments effective May 17, 2005.
Johnson, Lawrence and Martin Family Court Rule 7, KY R JOHNSON FAM CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document