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Rule 705 Mediation

Baldwin's Kentucky Revised Statutes Annotated31st Judicial Circuit - Floyd, Knott and Magoffin Family Court

Baldwin's Kentucky Revised Statutes Annotated
31st Judicial Circuit - Floyd, Knott and Magoffin Family Court
Rule 7 Domestic Relations Practice
KY FFCR Rule 705
Rule 705 Mediation
Currentness
A. Mediation
If ordered by the court pursuant to FCRPP 2(6), the parties shall engage in 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:
1. Supplement to financial disclosure statement regarding any material change.
2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.).
a. Copies of all documents supporting valuation of assets;
b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and,
c. All information and copies of all documents requested by the Mediator prior to the mediation conference.
C. Qualifications and Applications for Floyd, Knott, and Magoffin Family Court
Approved Mediators
1. A Floyd, Knott, or Magoffin Family Courts Approved mediator shall complete a minimum of forty (40) hours in a family mediation training program approved by the Floyd, Knott, or Magoffin Family Court and shall have a college degree, prior basic education and training in the Behavioral Sciences, or be an attorney licensed to practice in the Commonwealth of Kentucky. The parties may select a mediator with equivalent experience who is not on the Court approved list.
2. Applications to become a Court approved mediator may be obtained from the Family Court Judge's Office.
3. The Family Court Judge shall approve additions or deletions to the approved mediator list.
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, 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 will 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 the defined roles of the mediator, and shall at all times be permitted to privately communicate with their respective clients.
G. Compensation of Mediator
1. The mediator shall be compensated at the rate agreed upon by the mediator and the parties.
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 report without comment to the Court and the Family Court Judge's Office as to the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated). A termination or non-agreement shall be without prejudice to either party.
a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
2. The Court shall retain final authority to accept, modify, or reject an agreement.
3. The parties 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, and to all communications, verbal or written, with the Floyd, Knott, or Magoffin Family Court staff or designee. 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 K.R.E. 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

Credits

HISTORY: Adopted effective June 8, 2012.
Floyd, Knott and Magoffin Family Court Rule 705, KY R FLOYD FAM CT Rule 705
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document