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CR 100.08 Conflicts of interest

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: February 1, 2022

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
XIII Mediation Rules
CR 100. Code of Conduct for Mediators
Effective: February 1, 2022
Kentucky Rules of Civil Procedure (CR) Rule 100.08
CR 100.08 Conflicts of interest
1. A mediator shall not allow any personal interest to interfere with the primary obligation to impartially serve the parties to the dispute.
2. A mediator shall not charge a contingent fee or a fee based on the outcome of the mediation.
3. A mediator shall not use information obtained or relationships formed during mediation for personal gain or advantage.
4. A mediator shall not knowingly contract for mediation services which cannot be delivered or completed as directed by a court or in a timely manner.
5. A mediator shall not give or receive any commission, rebate or other monetary or non-monetary form of consideration from a party or representative of a party in return for referral or expectation of referral of clients for mediation services, except that a mediator may give or receive de minimis offerings such as sodas, cookies, snacks or lunches served to those attending mediations conducted by the mediator and intended to further those mediations or intended to show respect for cultural norms.
6. A mediator should neither give nor accept any gift, favor, loan or other item of value that raises a question as to the mediator's actual or perceived impartiality.

Credits

HISTORY: Adopted by Order 2022-04, eff. 2-1-22
Rules Civ. Proc., Rule 100.08, KY ST RCP Rule 100.08
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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