Home Table of Contents

CR 99.03 Referral of cases to mediation

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 99. Mediation
Effective: February 1, 2022
Kentucky Rules of Civil Procedure (CR) Rule 99.03
CR 99.03 Referral of cases to mediation
Currentness
At any time on its own motion or on motion of any party, the court may refer a case or portion of a case for mediation. Courts shall not, however, follow any blanket policy or practice of referring all cases, or any particular type of case, to mediation, nor any blanket policy or practice requiring completion of mediation as a pre-condition to assigning a trial date. In each case, the court shall take the following factors into consideration:
1. The stage of the litigation, including the need for discovery, and the extent to which it has been conducted.
2. The nature of the issues to be resolved.
3. The value to the parties of confidentiality, rapid resolution, or the promotion or maintenance of on-going relationships.
4. The willingness of the parties to mutually resolve their dispute.
5. Other attempts at dispute resolution.
6. The ability of the parties to participate in the mediation process including the ability of any party, counsel or required representative to participate in virtual mediation.
7. The cost to the parties.

Credits

HISTORY: Adopted by Order 2022-04, eff. 2-1-22
Rules Civ. Proc., Rule 99.03, KY ST RCP Rule 99.03
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
End of Document