Home Table of Contents

Rule 7 Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated35th Judicial Circuit - Pike Family Court

Baldwin's Kentucky Revised Statutes Annotated
35th Judicial Circuit - Pike Family Court
KY RPFC Rule 7
Rule 7 Domestic relations practice
701 Required Case Information
A. Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
B. Preliminary Verified Disclosure Statements (Form AOC-238) shall be filed seven (7) days before the Case Management hearing by each party.
702 Divorce Education Program
A. In accordance with FCRPP 6(4), families involved in a divorce proceeding where there are minor children may be ordered to participate in a divorce education program a/k/a Families in Transition (FIT).
B. Parties may request waiver of attendance in the divorce education program a/k/a Families in Transition (FIT) by filing a verified Motion stating grounds for said waiver.
703 Mediation
A. Mediation
If mediation is agreed to by the parties and ordered by the court pursuant to FCRPP 2(6), the parties shall engage in said mediation unless the exceptions provided under KRS 403.036 apply.
B. Requirements for Property Mediation The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following:
1. Supplement to financial disclosure statement regarding any material change:
2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.).
a. Copies of all documents supporting valuation of assets;
b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and,
c. All information and copies of all documents requested by the mediator prior to the mediation conference.
C. Adjournment
The mediator may suspend or terminate mediation whenever, in the opinion of the mediator, the matter is not appropriate for further mediation or at the request of either party.
D. Counsel
The parties shall attend the mediation conference and shall appear promptly at the time and location for the scheduled mediation conference. The attorneys for each party may attend and participate, subject to the defined roles of the mediator, and shall at all times be permitted to privately communicate with their respective clients.
E. Compensation of Mediator
The mediator shall be compensated at the rate agreed upon by the mediator and the parties.
Completion of Mediation
1. At the conclusion of mediation, the mediator shall report without comment to the Court and the Pike Family Court Office as to the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated). A termination or non-agreement shall be without prejudice to either party.
a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
2. The Court shall retain final authority to accept, modify, or reject an agreement.
3. The parties shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
F. Confidentiality
1. Mediation proceedings shall be held in private and all communications, verbal or written, made in the proceedings shall be confidential. The same protection shall be given to communications between the parties in the presence of the mediator, and to all communications, verbal or written, with the Pike Family Court Office or designee. The only exception to this Rule is that the mediator shall be responsible for reporting abuse according to KRS 209.030, KRS 209A.030 and KRS 620.030.
2. All conduct and communications made during a mediation conference shall be treated as settlement negotiations and shall be governed by K.R.E. 408.
3. Mediators shall not be subpoenaed regarding the disclosure of any matter discussed during the mediation which is considered confidential. This privilege and immunity resides with the mediator and may not be waived by the parties.

Credits

HISTORY: Adopted effective August 30, 2013.
Pike Family Court Rule 7, KY R PIKE FAM CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document