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Rule 707 Qualifications of court approved mediators

Baldwin's Kentucky Revised Statutes Annotated8th Judicial Circuit - Warren Family Court

Baldwin's Kentucky Revised Statutes Annotated
8th Judicial Circuit - Warren Family Court
Rule 7. Domestic Relations Practice
KY RWFC Rule 707
Rule 707 Qualifications of court approved mediators
Currentness
A. A court approved mediator shall:
1. Complete a minimum of forty (40) hours in a family mediation training program approved by the Mediation Review Committee and the Warren Family Court;
2. 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; or equivalent experience.
3. Have such experience as set forth by the Mediation Review Committee, a standing committee of the Family Court.
B. Mediation Review Committee
The Chair of the Mediation Review Committee shall be selected by the Warren Family Court Judges. The Chair shall select additional members if determined to be necessary. The mediation review committee shall review the qualifications of applicants, ensure compliance with the rules of ethics and make recommendations regarding the applicants to the Court.
C. Duties of the Mediator
1. All mediators shall define and describe the process of mediation and its costs during an orientation session with the parties consistent with the policy contained in Appendix A-14.
2. The mediator shall be impartial and shall advise all parties of any circumstances bearing on probable bias, prejudice or impartiality, including any past or present relationships with either party or persons related to them.
3. The mediator shall notify the parties, after the initial mediation session, that mediation will only continue thereafter by mutual agreement of both parties, their respective counsel, and the mediator. Either party or their respective counsel, as well as the mediator, may request at any time, without prejudice, that mediation cease. This shall be reported to the Court.
4. The mediator shall not communicate ex parte with the Court, either directly or indirectly, regarding any case, the parties thereto, or their respective counsel.
5. At the conclusion of mediation, the mediator shall immediately file a report, without comment, to the Court as to the outcome of the mediation (i.e., a full, partial or no agreement). An Order or Judgment adopting the Mediation Settlement Agreement shall be tendered by petitioner's counsel. See AOC-MED-ACR-8, AOC-MED-ACR-9, AOC-MED-ACR-11.
D. 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. This shall be reported to the Court.
E. Failure to Appear for Mediation
If either party should fail to appear without reasonable notice and good cause for any mediation session, or fail to participate in good faith, at the conclusion of the case, the Court may, upon motion, award attorney's fees and costs or impose any other appropriate sanction, including contempt.
F. Counsel
The parties shall attend mediation and shall appear promptly at the time and location for the scheduled mediation. The attorneys for each party may attend and participate, subject to the defined role of the mediator, and shall at all times be permitted to privately communicate with their respective clients. If a party has retained counsel prior to mediation, but the party chooses to enter into a mediation without the services of counsel, then the party shall sign and execute a written waiver of counsel prior to entering into any mediation sessions without counsel, while also providing notice to said counsel prior to the mediation sessions.
G. Compensation of Mediator
The mediator shall be compensated at the rate agreed upon by the mediator and the parties if the mediator is chosen by agreement. If the mediator is appointed by the Court, the fee for the mediation shall be reasonable and no greater than the mediator's standard rate. Unless otherwise varied by agreement of the parties, or by order of the Court, each party shall pay a proportionate share of the charges of the mediator.
H. Completion of Mediation
1. In cases where agreement or partial agreement is reached as to any matter or issue, including legal or factual issues to be determined by the Court, the attorneys and/or parties unrepresented by counsel shall prepare a typed draft of the agreement within five (5) business days following the mediation conference and shall forward same to the opposing attorney or party unrepresented by counsel for review. A final typed draft of the agreement shall be completed, signed by all parties and their respective attorneys, and filed with the Court, within ten (10) business days unless an extension of time is granted by the Court.
2. The Court shall retain final authority to accept, modify, or reject an agreement.
I. Confidentiality
1. Mediation proceedings shall be held in private and all communications, verbal or written, shall be confidential.
2. Conduct or statements by any party or mediator at any mediation session are not admissible for any purpose, except that either party may introduce any written agreement developed in mediation which is signed by all parties and their counsel.
3. All conduct and communications made during a mediation conference shall be treated as settlement negotiations and shall be governed by KRE 408.
4. Mediators shall not be subpoenaed regarding the disclosure of any matter discussed during the mediation.

Credits

HISTORY: Adopted effective April 4, 2012.
Warren Family Court Rule 707, KY R WARREN FAM CT Rule 707
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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