Rule 2.09 Mediation
Baldwin's Kentucky Revised Statutes Annotated9th Judicial Circuit - Hardin Family Court
KY RHFC Rule 2.09
Rule 2.09 Mediation
Mediation is an informal process in which a neutral third person 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. Duties of the Mediator are set out in attached Appendix No. 4.
Pursuant to FRCPP Rule 2 (6) (a) the Court may order mediation to occur.
The mediator shall be compensated at the rate agreed upon between the mediator and the parties if the mediator is chosen by agreement. If the mediator is appointed by the Court, the fee for the mediator shall be reasonable and no greater than the mediator's standard rate as a mediator. Unless otherwise agreed by the parties or ordered by the Court, the parties shall equally divide the mediator's professional fees.
1. Following selection of the mediator, the mediator shall set an initial mediation conference within forty-five (45) days. The mediation conference shall be held in Hardin County unless some other site is agreed to by the parties. 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 reasonably believe appropriate for efficiently conducting the mediation conference.
All parties and their Counsel are required to attend the mediation conference unless otherwise specifically ordered by the Court.
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 and the mediator, or by order of the Court.
If either party should fail to appear without reasonable notice and good cause for any mediation session, at the conclusion of the case, the Court may, upon a motion, award attorney's fees and costs or impose any other appropriate sanction including contempt.
The mediator shall report to the Court that the mediation has not occurred, has not been completed, or 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.
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The mediator shall draft the agreement and have the parties sign said document prior to the conclusion of the mediation session. Said agreement shall be filed with the Court within 5 days of the conclusion of the mediation session.
3. 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 except on order of the Court for good cause shown. This privilege and immunity reside in the mediator and may not be waived by the parties.
Credits
HISTORY: Adopted effective March 30, 2012.
Hardin Family Court Rule 2.09, KY R HARDIN FAM CT Rule 2.09
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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