Home Table of Contents

Rule R20C-152 Alternative dispute resolution *mediation*

Baldwin's Kentucky Revised Statutes Annotated20th Judicial Circuit - Greenup and Lewis Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
20th Judicial Circuit - Greenup and Lewis Circuit Court
KY RCLC Rule R20C-152
Rule R20C-152 Alternative dispute resolution *mediation*
Currentness
Preamble
The Greenup Circuit Court finds that certain problem solving techniques, commonly known as Alternative Dispute Resolution, often provides an efficient and cost effective alternative to traditional litigation, and further that the wise and judicious use of Alternative Dispute Resolution methods may benefit and improve the judicial process for all citizens of this Commonwealth.
These Alternative Dispute Resolution rules are intended to serve as a tool for use by this Court to facilitate and foster dispute resolution. To that end, it is the policy of the Greenup Circuit Court that participants in the Alternative Dispute Resolution participate in good faith and in an earnest attempt to resolve their disputes and differences.
152-1 Scope of Rules for Alternative Dispute Resolution:
These rules will govern Mediation. Nothing in these rules shall prohibit parties from resolving disputes through other methods.
152-2 Mediation Defined:
Mediation is an informal process in which a neutral third person or persons called a Mediator or Mediators act to facilitate the resolution of a dispute between two or more parties.
The process is designed to help disputing parties reach an agreement on all or part of the issues in dispute. Decision making authority remains with the parties, not the Mediator. The Mediator assists the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.
(a) Attorneys shall inform their client or clients of the availability of Court ordered Mediation.
152-3 Referral of Cases to Mediation:
The Court Sua Sponte or upon motion of any party, refer a case or portion of a case to Mediation. In this decision, the Court shall consider:
(a) the stage of the litigation, including the need for discovery and the extent to which it has been conducted;
(b) the nature of the issues to be resolved;
(c) the value to the parties of confidentiality, rapid resolution, or the promotion or maintenance of on-going relationships;
(d) the willingness of the parties to mutually resolve their dispute;
(e) other attempts at dispute resolution; and
(f) the ability of the parties to participate in the mediation process.
152-4 Stay of Proceedings:
Unless otherwise ordered by the Court, the proceedings shall be stayed pending the conclusion of the Mediation and the filing of the Mediator's report to the Court.
152-5 Appointment of Mediator:
Within fourteen (14) days of referral, the parties shall, by agreement, choose:
(a) A Mediator; or
(b) A Mediation Service, to conduct the Mediation.
(c) In the event Mediator is not selected by agreement, the parties shall notify the Court, who will then select a mediator or designate a Mediation Service to select a mediator.
152-6 Mediator Compensation:
The Mediator shall be compensated at the rate agreed between the mediator and the parties if the mediator is chosen by agreement. In the event the mediator is appointed by the Court, the fee for the mediator shall be reasonable and no greater than the mediator's standard rate as a mediator. Unless otherwise varied by agreement of the parties or by order of the Court, each party shall pay an equal share of the charges of the mediator.
152-7 Mediation Procedure:
(a) TIME AND PLACE OF CONFERENCE. Following selection of the mediator, the mediator (or in the appropriate cases, the mediation service) shall set a time and place for the mediation conference as set forth in the order of referral, or if not set forth in the order of referral, within 45 days following the mediator's selection. The mediator may meet with the parties or their counsel prior to the mediation conference. The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference. If the mediator desires to review the case file he or she may do so by contacting the Circuit Clerk's office. The mediator may review the court file at the Circuit Clerk's office. The parties shall be responsible for paying any copying cost of the court file provided to the mediator.
(b) ATTENDANCE AT MEDIATION CONFERENCE. The parties must attend the mediation conference. Counsel of record or counsel who will try the case for any party are required o1 attend the mediation conference. If a party is a public entity, it shall be deemed to appear by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision making body of the entity. If a party is insured for the matter in dispute, that party is deemed to appear by the physical presence of a representative of the insurance carrier, who is not that carriers2 outside counsel. This representative must have full settlement authority. If party is an organization other than a public entity or an insurance carrier for an insured party, it shall be deemed to appear by the physical presence of a representative, other than the party's counsel of record, who has full authority to settle without further consultation. The foregoing requirements of attendance may be varied by stipulation of the parties or by order of the Court for good cause shown.
(c) COMPLETION OR TERMINATION OF MEDIATION. The Mediator may terminate the mediation conference:
a. after a settlement is reached; or
b. when the mediator determines that continuation of the process would be unproductive.
The Mediator and the parties by agreement may schedule a subsequent mediation conference or conferences.
(d) REPORT TO THE COURT. The Mediator shall report to the Court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.
(e) AGREEMENT. If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.
152-8 Confidentiality:
(a) Mediation sessions shall be closed to all persons other than the parties of record, their legal representatives, and other persons invited by the mediator with the consent of the parties.
(b) Mediation shall be regarded as settlement negotiations for purposes of KRE 408.
(c) 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. This privilege and immunity resides in the mediator and may not be waived by the parties.
(d) Nothing in these rules shall prohibit the mediator from reporting abuse according to KRS 209.030, KRS 620.030, or other applicable laws.

Credits

HISTORY: Amended effective July 15, 2005.

Footnotes

1
So in original. Probably should read “to”.
2
So in original. Probably should read “carrier's”.
Greenup and Lewis Circuit Court Rule R20C-152, KY R GREENUP LEWIS CIR CT Rule R20C-152
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document