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Chapter VII Alternative Dispute Resolution

Baldwin's Kentucky Revised Statutes Annotated10th Judicial Circuit - Larue, Hart and Nelson Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
10th Judicial Circuit - Larue, Hart and Nelson Circuit Courts
KY RHLC Ch. VII
Chapter VII Alternative Dispute Resolution
Currentness
A. Scope: This Rule will govern Mediation. Nothing in this rule shall prohibit parties from resolving disputes through other methods.
B. Mediation Defined: Mediation is an informal process in which a neutral third person or persons, called a mediator or mediators, act to facilitate 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.
C. Referral of Cases to Mediation: The Court may at any time on its own motion or upon motion of any party refer a case or portion of a case to mediation. Before making such decision, the Court shall consider and effectuate the following conditions, factors and proceedings:
1. The nature of the issues to be resolved;
2. The willingness of the parties to mutually resolve their dispute;
3. The ability of the parties to participate in the mediation process; and
4. Allow the parties to express objections and reasons therefor prior to making any referral.
D. Stay of Proceedings: Unless otherwise ordered by the Court, the proceedings shall be stayed pending the conclusion of the mediation process.
E. Appointment of Mediator: If the parties are unable to agree upon a mediator or mediation service by the time set by the court, the court will then select a mediator or designate a mediation service to select the mediator.
F. Mediator Compensation: The mediator shall be compensated at the rate agreed between the mediator and the parties if the mediator is chosen by agreement. In the event 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 varied by agreement of the parties or by order of the court, each party shall pay an equal share of the charges of the mediator.
G. Mediation Procedure:
(1) Time and Place of Mediation Conference. Following selection of the mediator, the mediator or mediation service shall set a time and place for the mediation conference as set forth in the order of referral. The mediator may meet with the parties or their counsel prior to 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.
(2) Attendance at Mediation Conference. The parties must attend the mediation conference. Counsel who will try the case for any party are required to attend the mediation conference. If a party is a public entity, it shall be deemed to appear by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. If a party is insured for the matter in dispute, that party is deemed to appear by the physical presence of a representative of the insurance carrier, who is not that carrier's outside counsel. This representative must have full settlement authority. If a party is an organization other than a public entity or an insurance carrier for an insured party, it shall be deemed to 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. The foregoing requirements of attendance may be varied by stipulation of the parties or by order of the court for good cause shown.
(3) Completion or Termination of Mediation. The mediator may terminate the mediation conference (a) after a settlement is reached, or (b) when the mediator determines that continuation of the process would be unproductive. The mediator and the parties by agreement by schedule a subsequent mediation conference or conferences.
(4) Report to the Court. 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 settlement.
(5) Agreement. If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.
H. Confidentiality:
(1) Mediation sessions shall be closed to all persons other than the parties of record, their legal representative, and other persons invited by the mediator with the consent of the parties.
(2) Mediation shall be regarded as settlement negotiations for purposes of KRE 408.

Credits

HISTORY: Amended effective January 27, 2005.
Hart, Larue and Nelson Circuit Court Ch. VII, KY R HART LARUE CIR CT Ch. VII
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document