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Rule 9.01 Mediation

Baldwin's Kentucky Revised Statutes Annotated25th Judicial Circuit - Clark and Madison Family Court

Baldwin's Kentucky Revised Statutes Annotated
25th Judicial Circuit - Clark and Madison Family Court
Rule 9 Miscellaneous
KY RCMF Rule 9.01
Rule 9.01 Mediation
A. Referral to Mediation
The Family Court may, by appropriate Order, refer a case to mediation with or without the consent of the parties. Cases shall be referred to a court-approved mediator unless the parties otherwise agree on a mediator. Parties may be referred to the family court support worker for mediation. Parties who fail to participate in Court-ordered mediation in good faith may be sanctioned by the Court.
B. Confidentiality
Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed. They are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding. Nothing in this rule shall alter a mediator's responsibility to report abuse pursuant to KRS 209.030 and KRS 620.030.
C. Reporting to the Court
1. If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an Order reflecting the fact of settlement as in any other case.
2. If some but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within ten (10) days of the termination of mediation. Unsettled cases shall then be returned to the Court's active docket in compliance with FCRPP 2(6).

Credits

HISTORY: Amended effective September 10, 2015. Prior amendments effective November 1, 1999; June 5, 2012.
Clark and Madison Family Court Rule 9.01, KY R CLARK MADISON FAM CT Rule 9.01
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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