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Rule 901 Hearings and discovery

Baldwin's Kentucky Revised Statutes Annotated28th Judicial Circuit - Lincoln, Pulaski and Rockcastle Family Court

Baldwin's Kentucky Revised Statutes Annotated
28th Judicial Circuit - Lincoln, Pulaski and Rockcastle Family Court
Rule 9 Miscellaneous
KY RLFC Rule 901
Rule 901 Hearings and discovery
Currentness
901.1 Contested Hearings.
A. A contested hearing is one in which the parties have not agreed upon the division of property, debts, custody, support and the taking of evidence to permit the court to render a determination if necessary.
B. If the contested issues are not resolved, the matter may be referred by the Court to a mediator or evaluator or both at the Family Court Judge's discretion and in compliance with FCRPP 2 (6). Each party shall present any pertinent motions; stipulations, and agreement reached; any witness, exhibit, and document lists, with appropriate information attached; and final financial statements in accordance with the FCRPP.
901.2 Mediation.
A. If mediation is ordered by the Court, the following mediation rules shall apply:
1. Preamble and Scope.
The Family Court of the 28th Judicial Circuit finds that under some circumstances, the process of mediation may provide an efficient and cost effective alternative to traditional litigation, and further, that the wise and judicious use of mediation may benefit litigants.
Mediation is intended to help both litigants and the Court facilitate the settlement of disputes. Litigants should participate in good faith and in an earnest attempt to resolve their differences.
This Rule refers to mediation. Nothing in this Rule shall prohibit parties from resolving disputes through other methods.
2. Mediation defined.
Mediation is an informal process in which a neutral third person(s) called a mediator facilitates the resolution of a dispute between two or more parties. The process is designed to help disputing parties reach an agreement on all or part of the issues in dispute. Decision making authority remains with the parties, not the mediator. The mediator assists the parties in identifying issues, fostering joint problem-solving and exploring settlement alternatives.
3. Referral of Cases to Mediation.
At any time after the initial hearing as required by FCRPP 2 (6), on its own motion or on motion of any party, the Court may refer a case or portion of a case for mediation or such other Alternative Dispute Resolution method as agreed upon by the parties. In this decision, the court shall consider:
a. The state of litigation, including the need for discovery, and the extent to which it has been conducted;
b. The nature of the issues to be resolved;
c. The value to the parties of confidentiality, rapid resolution, or the promotion or maintenance of ongoing relationships;
d. The willingness of the parties to mutually resolve their dispute;
e. Other attempts at dispute resolution; and
f. The ability of the parties to participate in the mediation process;
g. No contested hearing shall be scheduled prior to mediation being attempted if ordered by the court unless it is subsequently waived by the Court.
4. No stay of Proceedings.
Unless otherwise ordered by the Court, mediation shall not stay any other proceedings.
5. Appointment of Mediator.
The parties may agree on a formal mediator or mediation service. If the parties cannot agree, they shall notify the court, which will select a formal mediator or a mediation service.
6. Mediator Compensation.
The formal mediator shall be compensated at the rate agreed upon between the mediator and the parties. Unless otherwise agreed by the parties or ordered by the Court, the parties shall equally divide the mediator's professional fee.
7. Mediation Procedure.
Following selection of the mediator, the mediator shall set an initial mediation conference within thirty (30) days.
The mediation conference shall be held at the Pulaski County Judicial Center or at a site agreed upon by the parties and the mediator when a private mediator is utilized. The mediator may meet with the parties or their counsel prior to the mediation conference for the purpose of establishing a procedure for the mediation conference. The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may deem appropriate for efficiently conducting the mediation conference.
8. Attendance at Mediation Conference.
If mediation is ordered pursuant to FCRPP 2 (6), the parties must attend the mediation conference. Counsel shall attend the mediation conference unless otherwise agreed to by the parties and the mediator or ordered by the Court.
Each party shall bring to the mediation conference any and all supporting documents to support their position. Examples of such documents include but are not limited to the following:
a. Documents supporting claims of non-marital property;
b. Documents tracing non-marital property;
c. Documents showing value of property;
d. Tax returns for the last three (3) years;
e. Pay stub's showing year to date earnings or sworn Statement from employer;
f. Budget;
g. Work schedule;
h. Title to all vehicles;
i. Deeds;
j. Mandatory Case Disclosure Statement.
9. Failure to Appear
Upon motion, the Court may impose sanctions against a party if that party fails to appear at a duly noticed mediation conference, unless the party shows good cause why they failed to appear. Possible sanctions include, but are not limited to, an award of attorney's fees or other costs of mediation.
10. Completion or Termination of Mediation.
The mediator may terminate the mediation conference after a settlement is reached or when the mediator determines that continuation of the process would be unproductive. After the initial mediation conference, mediation shall continue only by the agreement of the parties, their counsel, the mediator, or by the Court.
11. Report to the Court.
The mediator shall report to the Court that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which if resolved or completed, would facilitate the possibility of a settlement.
12. Agreement.
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by all parties. The Mediator or parties' attorney shall be responsible for the drafting of the agreement, with the consent of the parties.
13. Confidentiality.
a. Mediation sessions shall be closed to all persons other than the parties, their legal representative, and other persons invited by the mediator with the consent of the parties.
b. Mediation shall be regarded as settlement negotiations for the purpose of KRE 408.
c. Mediators shall not be subject to process requiring the disclosure of any matter discussed during the mediation, but rather, such matters shall be considered confidential and privileged in nature. The privilege and immunity reside in the mediator and may not be waived by the parties.
d. Nothing in this rule shall prohibit the mediator from reporting abuse according to KRS 209.030, KRS 620.030, or other applicable law.
14. Staff Mediation.
Mediation services are available, without charge, by trained Family Court staff personnel for financially disadvantaged parties. To determine if parties qualify for informal staff mediation, parties or their counsel should contact the Family Court office to request an intake form. A completed intake form must be submitted prior to scheduling any mediation with the staff unless otherwise approved by the Family Court Judge. Staff mediators shall not communicate to the Court regarding any settlement efforts except as non-staff mediation techniques are reflected herein.

Credits

HISTORY: Adopted effective March 10, 2016.
Lincoln, Pulaski and Rockcastle Family Court Rule 901, KY R LINCOLN FAM CT Rule 901
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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