CR 99.11 Confidentiality
Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: February 1, 2022
Effective: February 1, 2022
Kentucky Rules of Civil Procedure (CR) Rule 99.11
CR 99.11 Confidentiality
4. For purposes of this rule, all mediation communications, including documents, communicated during the mediation process are both privileged and confidential. For this purpose, the mediation process includes any communications with the mediator in advance of, during and after the mediation conference. They are not subject to disclosure through discovery or any other process and are not admissible into evidence in any judicial or administrative proceeding. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its disclosure or use during the mediation.
7. A mediator shall not disclose, directly or indirectly, to any participant in the mediation any information communicated to the mediator in confidence unless the mediator is given permission by the communicating participant to do so. A mediator may encourage a participant to permit disclosure, but absent such permission, the mediator shall not disclose.
8. Unless otherwise allowed under CR 99 or CR 100, a mediator shall not disclose to, nor discuss with, court officials or staff any information communicated to the mediator by any participant within the mediation process, including correspondence or communications regarding scheduling or attendance, nor may the mediator comment about the mediation negotiations in any respect.
9. Mediators shall not be subject to process requiring the disclosure of any matter discussed during the mediation, but rather, such matters shall be considered confidential and privileged in nature except on order of the court for good cause shown. This privilege and immunity reside in the mediator and may not be waived by the parties.
11. Any executed settlement document shall not be deemed privileged and confidential as provided in this rule unless the parties explicitly stipulate that the terms of settlement are to remain confidential. In any event, however, should the settlement agreement be required as proof in a proceeding to enforce the terms of settlement, such settlement agreement shall no longer have the privilege of confidentiality and may be introduced into evidence.
Credits
HISTORY: Adopted by Order 2022-04, eff. 2-1-22
Rules Civ. Proc., Rule 99.11, KY ST RCP Rule 99.11
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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