a. Pursuant to FCRPP 2(6)(a), the Family Court Judge may, by appropriate order. refer the case to mediation with or without the consent of the parties. Cases shall be referred to a Court-approved mediator or the parties may select a mediator with equivalent experience who is not on the Court-approved list.

b. Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed. Mediation documents and communications are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding. An exception to this rule is that the mediator shall be responsible for reporting abuse according to KRS 209.030 and KRS 620.030.

c. 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. 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 ten (10) days of the termination of mediation. Unsettled cases shall then be returned to the Court's active docket and in accordance with FCRPP 2(6)(b).