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Rule 502 Mediation

Baldwin's Kentucky Revised Statutes Annotated32nd Judicial Circuit - Boyd County Family Court

Baldwin's Kentucky Revised Statutes Annotated
32nd Judicial Circuit - Boyd County Family Court
Rule 5. Domestic Relations Practice
KY RBFC Rule 502
Rule 502 Mediation
Currentness
A. If ordered by the Court pursuant to FCRPP2(6), the parties shall engage in mediation.
B. Requirements for Mediation of the Property Distribution
At least five (5) days prior to the mediation, the parties shall exchange and provide to the mediator the financial disclosure statements and a short statement including the issues to be addressed.
C. Qualifications and Applications for Boyd Family Court Approved Mediators
1. The Boyd Circuit Court may maintain a list of approved mediators for family court issues.
2. If any attorney wishes to become a court approved mediator then they must notify the Boyd Circuit Judges of their request. The Boyd Circuit Judges shall approve additions or deletions to the approved mediator list.
3. The Mediator must have eight (8) years of family law experience, or have completed a forty (40) hour family law mediation class.
D. Upon referral to Mediation, the parties must agree on a mediator. If the parties are unable to agree on a mediator within seven (7) days then the Court will select a mediator from the approved list.
E. Compensation of the Mediator
1. The mediator shall be compensated at the rate agreed upon by the mediator and the parties unless either or both qualify for the Family Court sliding scale fee schedule set out below. The mediator's fee may include, but not be limited to:
a. Mediation sessions;
b. Preparation for sessions;
c. Travel time;
d. Postponement or cancellation of mediation sessions; and
e. Preparation of the parties' written mediation agreement prepared by mediator
2. Sliding Fee Schedule
The parties shall pay the mediation fees based upon their percents of income. If one party does not have an income then the Court must calculate the percent in which the parties shall pay based upon expenses and monies available.
F. Completion of Mediation
At the conclusion of mediation, the mediator shall report without comment to the Court as to the outcome of the mediation. The Court shall retain final authority to accept, modify or reject a mediation agreement.
G. Confidentiality
Mediation proceedings shall be held in private. All communications made during the proceedings shall be confidential. All conduct and communication made during a mediation conference shall be considered settlement negotiations governed by K.R.E. 408. Mediators shall not be subpoenaed regarding the matters discussed during mediation which is considered confidential.

Credits

HISTORY: Adopted effective April 29, 2012.
Boyd Family Court Rule 502, KY R BOYD FAM CT Rule 502
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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