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Rule 702 Mediation

Baldwin's Kentucky Revised Statutes Annotated30th Judicial District - Jefferson District Court

Baldwin's Kentucky Revised Statutes Annotated
30th Judicial District - Jefferson District Court
Rule 7. Citizens Complaints/Mediation
KY JDR Rule 702
Rule 702 Mediation
Currentness
1. In General.
A. The Jefferson District Court General Term finds that under some circumstances mediation may provide an efficient and cost effective alternative to traditional litigation or criminal matters. Further, the wise and judicious use of mediation may benefit all participants.
B. Mediation is an informal process in which a neutral third person, called a mediator, facilitates the resolution of a dispute between two (2) or more individuals. The process is designed to help individuals reach an agreement on some or all of the issues in dispute. The decision making authority rests with the participants, not with the mediator. The mediator assists in identifying issues, fostering joint problem solving and exploring resolution alternatives.
C. The Court may refer any case or portion of a case to mediation, except as otherwise provided in these rules.
D. When referring a case to mediation, the Court shall consider:
1. The nature of the issues presented;
2. The value to the individuals involved in the mediation of confidentiality, rapid resolution or the promotion or maintenance of ongoing relationships;
3. The willingness of the individuals involved in the mediation to mutually resolve the dispute or issue;
4. Other attempts by the individuals to resolve the dispute or issue; and,
5. The ability of the individuals involved to participate in the mediation process.
2. Mediation Session.
A. Mediation sessions shall be closed to all persons other than the individuals subject to the mediation, their counsel and any other person(s) invited by the mediator with the consent of the individuals involved.
B. The mediation session and the mediator's conduct shall be governed by the Rules of Administrative Procedures of the Court of Justice, Part XII, Mediation Guidelines for Court of Justice Mediators.
C. If the matter is resolved, the mediator shall reduce the agreement to writing for the signatures of the participants.
D. With the exception of those conducted by private mediators who charge a fee, all mediations in Jefferson District Court shall take place in the Hall of Justice, unless another location is agreed upon by the mediator and all individuals subject to the mediation. Private mediators offering pro bono services may conduct mediations for Jefferson District Court in the Hall of Justice.
3. Report of Mediation Status.
A. After the scheduled mediation date, the mediator shall provide the District Court Administrator with a Report of Mediation Status utilizing the forms and procedures directed by the Administrative Office of the Courts.
B. If the case/matter is not resolved by mediation, the matter shall be referred to the District Court Judge for further action.
4. Confidentiality.
A. Except as otherwise provided by this rule, all mediation documents and mediation communications shall be confidential and shall not be released to any other person or agency without the written consent of the individuals subject to the mediation. Further, the mediation documents and communications shall not be subject to disclosure through discovery or any other process and are not admissible as evidence in any judicial or administrative proceeding.
B. The mediator shall not be subject to process requiring the disclosure of any matter pertaining to the mediation, and such matters shall be considered privileged and confidential. The privilege and resulting immunity reside with the mediator. Mediation occurring as part of a civil case is protected as a settlement negotiation for purposes of KRE 408.
C. No part of the mediation shall be considered public record.
D. No restriction on disclosure shall be required, and the privilege may be waived under this rule, if:
1. All parties consent to the disclosure in writing and the mediator agrees; or,
2. The mediator learns of abuse subject to mandatory reporting by KRS 209.030, KRS 209A.030, KRS 620.030, or other applicable law.
3. Nothing in this Rule shall prevent the AOC from reviewing mediation information for the purpose of evaluation and supervision.
5. Civil Mediation.
A. The procedures in this Rule shall pertain to all District Court civil cases.
B. A District Court Judge may refer cases to mediation at any time by referring the parties to Civil District Court Clerk's office for scheduling.
C. Following the scheduled mediation, the mediator shall file a Report of Mediation Status with the District Court Administrator, along with a signed copy of any agreement reached by the parties.
6. Mediating Citizen's Criminal Complaints.
A. Citizen Criminal Complaints.
1. A citizen's criminal complaint may be made as follows:
a) During normal business hours, the criminal complaint shall be made to the Jefferson County Attorney's Office.
b) During normal business hours, domestic violence criminal complaints may be made in the Domestic Violence Intake Center.
c) After normal business hours, emergency criminal complaints may be made with the deputy sheriff on duty, who shall contact the on-call Assistant Jefferson County Attorney. The on-call Assistant Jefferson County Attorney shall make a determination as required by subsection (5) below.
2. For a matter to be referred for mediation, the complaining witness and the alleged offender shall be eighteen (18) years of age or older, and the alleged offense must have occurred in Jefferson County, Kentucky.
3. Where related complaints (cross-complaints) are filed, every effort shall be made to refer such complaints to the same reviewing authorities, and to schedule any subsequent proceedings on the same dates.
4. When a complaint is referred to mediation, a mediation conference shall be scheduled within fourteen (14) days of the referral, absent extraordinary circumstances.
5. Citizen complaints shall be referred to mediation according to the following procedures:
a) The Assistant Jefferson County Attorney shall interview the complaining witness to determine if probable cause exists to believe a criminal offense has been committed. If probable cause does not exist, the Assistant County Attorney shall reject the matter and it shall be presented to the District Court Judge.
b) If the Assistant County Attorney determines that there is probable cause to believe an offense was committed, the complaining witness should be afforded an opportunity to request mediation as a resolution to his or her complaint with the alleged offender.
c) If there is a determination of probable cause, the Assistant County Attorney shall complete an AOC Form 315.B, Criminal Complaint, which shall include a sworn statement of the complaining witness, the recommended criminal charge(s), and one of the following recommendations for disposition to the District Court Judge:
i. Request that the District Court Judge issue a warrant (in complaints presented after-hours, the on-call Assistant County Attorney shall determine whether to contact the on-call District Court Judge immediately or make the request on the next regular business day); or
ii. Request that the District Court Judge issue a summons; or,
iii. Request that the District Court Judge refer the matter to mediation.
d) The AOC Form 315.B shall be tendered to the District Court Administrator for submission to the District Court Judge.
e) The District Court Administrator shall present the completed AOC Form 315.B containing the complaining witness's sworn statement and the Assistant County Attorney's recommendations to a District Court Judge, who may take one of the following actions:
i. Issue a summons or arrest warrant for the defendant;
ii. Refer the matter to mediation; or,
iii. Reject the action.
Any action taken by the District Court Judge shall be in writing and signed. For a mediation referral, the District Court Judge shall refer the matter to the District Court Administrator to schedule the mediation and assign a mediation number in the Mediation Division of KY Courts II.
6. Any agreement reached between the complaining witness and the alleged offender shall be voluntary. The terms for compliance with the agreement shall not exceed one (1) year from the date the alleged offense occurred, and shall not be legally enforceable by the complaining witness, the alleged offender, the County Attorney, the mediation program, or the courts. Failure by the alleged offender to comply with the terms of the agreement may result in the re-initiation of the underlying criminal complaint.
7. If the criminal complaint is not resolved at mediation, the following may occur:
a) If the complaining witness fails to appear at the scheduled mediation, the matter shall be closed, and shall only be reinitiated if the complaining witness comes forward again to swear to the allegations and the County Attorney determines there is probable cause to believe an offense has been committed.
b) If the alleged offender fails to appear at the scheduled mediation and the complaining witness wishes to proceed, the County Attorney shall request that the District Court Judge issue an arrest warrant or summons for the alleged offender.
c) If the complaining witness and alleged offender both appear, but the mediation is unsuccessful and the complaining witness wishes to proceed, the County Attorney shall request that the District Court Judge issue an arrest warrant or summons for the alleged offender.
B. Judicial Referral of Criminal Cases.
1. Once the complaint has been signed by a District Court Judge and criminal prosecution has commenced by the assignment of a case number in the Criminal Division of the Jefferson District Court and the defendant has been served, a District Court Judge may continue the case by referring it to mediation, if:
a) The County Attorney agrees to the mediation;
b) The complaining witness agrees to the mediation;
c) The defendant agrees to the mediation; and,
d) The County Attorney agrees to dismiss the case if the complaining witness and the defendant reach an agreement.
2. Mediations should be scheduled at least fourteen (14) days in advance of the next scheduled hearing date.
3. Following the scheduled mediation, the court mediator shall send a Report of Mediation Status to the District Court Administrator.
4. If the criminal complaint is resolved, the defendant shall not be required to return to court, and the County Attorney shall move to dismiss the case at the scheduled hearing date.
5. If the criminal complaint is not resolved, the defendant shall return to court on the next scheduled court date for further action.
6. If any citizen, attorney, or peace officer is denied a warrant or summons by a Judge of the District Court, the decision of the reviewing judge shall be final. The same case shall not be presented to any other District Court Judge for reconsideration, unless new or different circumstances from those originally presented for review are found to exist.

Credits

HISTORY: Approved effective January 14, 2008; approved effective January 1, 2004; amended effective May 1, 1998; approved January 30, 1997.
Jefferson District Court Rule 702, KY R JEFFERSON DIST CT Rule 702
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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