i). At any time on its own motion or on motion of any party, the Court may refer a case or a portion of a case for mediation or another Alternative Dispute Resolution method as agreed upon by the parties. In deciding, 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. Cases may be referred to a qualified mediator appointed by the Court or agreed upon by the parties.

ii). Any party may move to enter an order disqualifying the mediator for good cause. If the Court rules that a mediator is disqualified from mediating the case, an order shall be entered setting forth the name of a qualified replacement. Nothing in this provision shall preclude mediators from disqualifying themselves or refusing any assignment. The time for mediation shall be tolled during any periods in which a motion to disqualify is pending.

iii). Referral of a case to mediation shall not operate as a stay of discovery proceedings unless otherwise ordered by the Court or agreed to in writing by the parties.

i). The parties shall contact the mediator within ten (10) days from the entry of the order or the appointment of a mediator by the Kentucky Supreme Court Felony Mediation program to schedule a mediation conference, which shall be held within ninety (90) days from the entry of the order.

ii). If a party fails to appear at a duly noticed mediation conference without good cause, the Court upon motion shall impose sanctions, which may include an award of attorney fees and other costs against the party failing to appear. If a party to mediation is a public or corporate entity, that party shall be deemed to appear at a mediation conference 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. In all other cases, unless stipulated by the parties, a party is deemed to appear at a mediation conference if the following persons are physically present:

iii). The mediator may request that the parties bring documents or witnesses, including expert witnesses, to the sessions, but has no authority to order such production.

i). Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications except signed agreements are confidential and shall not be disclosed. They are not subject to disclosure through discovery or any other process and are not admissible into evidence in any judicial or administrative proceeding.

ii). No part of the mediation proceedings shall be considered a public record, unless entered into the record by the Court.

iii). There is no confidentiality and no restriction on disclosure under this rule to the extent that:

iv). Nothing in this rule shall be construed so as to permit an individual to obtain immunity from prosecution for criminal conduct.

i). The mediator shall notify the Court promptly in writing when a case is not accepted for mediation.

ii). At any time after a case has been accepted, the mediator may refer it back to the Court for good cause, which shall be in writing.

iii). If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

iv). If some but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within 10 days of the termination of mediation. Unsettled cases shall then be returned to the Court's active docket.

v). At the conclusion of cases accepted for mediation, the mediator will report to the Court in writing the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court without comment or recommendation. With the consent of the parties, the mediator's report may also identify any pending motions, outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate settlement.