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Appendix No. 4

Baldwin's Kentucky Revised Statutes Annotated9th Judicial Circuit - Hardin Family Court

Baldwin's Kentucky Revised Statutes Annotated
9th Judicial Circuit - Hardin Family Court
Appendix NO. 4 Duties of the Mediator
KY RHFC App. 4
Appendix No. 4
DUTIES OF THE MEDIATOR
The Mediator has a duty to define and describe the process of mediation and its costs during an orientation session with the parties at the commencement of the mediation conference. The Mediator shall comply with the HFCRPP. The orientation should include the following:
a. a description of the roles and responsibilities of the mediator, counsel, and the parties;
b. the fees per session;
c. a statement that any agreement reached will be reached by mutual consent of the parties;
d. an explanation that mediation differs from other forms of conflict resolution including therapy, counseling, arbitration, and the practice of law;
e. a description of the circumstances under which the mediator may meet privately with either of the parties and their counsel, if represented, or with any other person, i.e., during scheduled mediation, the mediator may meet and consult privately with any party or parties and their counsel;
f. an explanation that statements made during mediation hearings by any party shall be privileged, exempt from subpoena and discovery, and shall not be admissible in any proceeding for any purpose. Such statements shall also be deemed confidential except for the purposes of the mediator reporting to the court as outlined in these Rules and will be released to no other person or agency without the express written consent of both of the parties to the dispute. The only exception is that the mediator shall be responsible for reporting abuse according to KRS 209.030 and KRS 620.030;
g. the acquisition of any information necessary to define the disputed issues;
h. an explanation by the mediator that during the process of mediation the parties may, by agreement, employ a third party to help resolve factual disputes, e.g. valuation of assets, determination of tax consequences, psychological evaluations, child custody evaluations, etc.;
i. a statement by the mediator that he/she shall conduct the mediation in accordance with these rules; and
j. scheduling by the mediator of any further mediation sessions for the parties.
MEDIATOR'S CHARGES
1. A mediator shall give a written explanation of the fees and related costs, including time and manner of payment, to the parties prior to the mediation. The explanation shall include the basis for and amount of charges, if any, for:
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;
e. Preparation of the parties' written mediation agreement if prepared by the mediator; and
f. All other items billed by the mediator.
2. A mediator should provide mediation services pro bono or at a reduced rate of compensation whenever appropriate.

Credits

HISTORY: Amended effective March 30, 2012. Prior amendments effective April 16, 2009; January 10, 2005.
Hardin Family Court App. 4, KY R HARDIN FAM CT App. 4
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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