1. These rules are adopted pursuant to the constitutional authority granted to the Supreme Court and consistent with Kentucky Revised Statutes (KRS) 454.011 and 446.010.

2. The Supreme Court finds that under some circumstances the process known as mediation may provide an efficient and cost-effective alternative to traditional litigation, and, further, that the wise and judicious use of mediation may benefit litigants.

3. Mediation allows parties an opportunity to resolve their issues through an informal process independent of, and outside of, the court process. A mediator serves as a neutral third person who encourages and assists settlement by facilitating communication between the parties.

4. These Rules shall be followed in any mediation ordered by the trial court. Parties are encouraged to follow these Rules in mediations not ordered by the trial court. However, nothing in these Rules shall prohibit parties from resolving disputes through other methods.

5. Mediation shall not be ordered in any case where one party may pose a risk of harm to other participants, and, in no event, shall mediation be ordered in conflict with KRS 403.036.

6. While the Supreme Court intends that the mediation process remain fully independent of, and outside of, the court process, a trial court retains its discretion to enforce its order to mediate; provided, however, a trial court shall not reallocate the cost of mediation after the mediation is completed and shall not fine, sanction, or penalize any party, or reallocate the cost of mediation because a case is settled after the court-ordered mediation.

7. No local rule, practice, procedure, standard order, or other policies of any trial court may conflict with or controvert these Rules.