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Rule XV. Civil mediation

Baldwin's Kentucky Revised Statutes Annotated14th Judicial Circuit - Bourbon, Scott and Woodford Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
14th Judicial Circuit - Bourbon, Scott and Woodford Circuit Court
Rules for Civil Cases
KY BCWC Rule XV
Rule XV. Civil mediation
Currentness
A. Referral of Cases to Mediation. All civil mediations shall be in accordance with Civil Rule 99 and Civil Rule 100.
B. No Stay of Proceedings. Unless otherwise ordered by the Court, mediation shall not stay any other proceedings.
C. Appointment of Mediator. Within fifteen (15) days of the order to mediate, the parties shall agree on a mediator or a mediation service. If the parties cannot agree on a mediator, the Court will select a mediator who is recognized as a mediator in civil actions.
D. Attendance at Mediation. The parties must attend the mediation either in person or remotely. Counsel for all parties necessary to effectuate settlement shall attend the mediation either in person or remotely.
1. If a party is a public entity, it shall appear by the physical presence of a representative with full authority to negotiate on its behalf and to recommend settlement to the appropriate decision-making body or officer of the entity.
2. If a party is an organization other than a public entity, it shall appear by the physical presence of a representative, other than the party's counsel of record, who has full authority to settle without further consultation.
3. If any party is insured for the claim in dispute, that party shall also be required to have its insurer(s) present by the presence of a representative of the insurance carrier(s) who is not that carrier's outside counsel, and who possesses full settlement authority. The carrier's representative may appear in person or remotely.
E. Completion or Termination of Mediation. The mediator may terminate the mediation after a settlement is reached, or when the mediator determines that continuation of the process would be unproductive. After the initial mediation, additional attempts to mediate may be made by agreement of the parties, their counsel and the mediator, or by order of the Court.
F. Report to the Court. If an agreement is reached at mediation that resolves the matter and that matter is on the Court's trial calendar, at the earliest possible convenience, counsel shall notify the Court in writing that the matter has resolved and may be removed from the Court's trial calendar.

Credits

HISTORY: Amended effective June 14, 2022. Effective September 5, 2002.
Bourbon, Scott and Woodford Circuit Court Rule XV, KY R BOURBON SCOTT CIR CT Rule XV
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document