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Rule 7 Domestic Relations Practice

Baldwin's Kentucky Revised Statutes Annotated12th Judicial Circuit - Henry, Oldham and Trimble Family Court

Baldwin's Kentucky Revised Statutes Annotated
12th Judicial Circuit - Henry, Oldham and Trimble Family Court
KY HOTF Rule 7
Rule 7 Domestic Relations Practice
701 Required Case Information
A Case Data Information Sheet shall be filed with any dissolution petition (Form AOC-FC-3), as well as the VS-300 form.
702 Appearances, Waivers, and Agreements
A. Unrepresented parties must sign and acknowledge Appearances, Waivers and Agreements before a notary or deputy clerk.
B. No Entry and Appearance shall be signed prior to filing of a petition.
C. All Agreements and Agreed Orders shall contain the correct mailing addresses and e-mail addresses for the attorneys and parties.
703 Divorce Education Program
Families involved in a divorce proceeding where there are minor children of the marriage may be ordered to participate in a Divorce Education Program. A schedule of sessions and brochure shall accompany notification of requirement to attend.
704 Mediation.
A. Mediation
The Court encourages parties to seek mediation of unresolved issues prior to trial. The Court, upon motion of either party, may order the parties to attempt mediation
If ordered by the Court pursuant to FCRPP 2(6), the parties shall engage in mediation unless the exceptions provided under KRS 403.036 apply.
B. Qualifications
Any selected or appointed mediator shall have completed a minimum of forty hours in a family mediation training program and shall have a college degree, prior basic education and training in Behavioral Sciences, or be an attorney licensed to practice in the Commonwealth of Kentucky. The parties may select a mediator with equivalent experience.
C. Appointment of Mediator
The mediator shall be compensated at the rate agreed between the mediator and the parties if the mediator is chosen by agreement. If the Court appoints the mediator, the fee for the mediator shall be reasonable. Any objection to a mediator's fee may be addressed by the Court prior to initiation of a mediation conference. Unless otherwise agreed by the parties or ordered by the court, the parties shall equally divide the mediator's professional fees.
D. Mediation Procedure
Following selection of the mediator, the mediator shall set an initial mediation conference. The mediation conference shall be held in the county in which the case is pending or at a site agreed upon by the parties. 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. The mediator may terminate the mediation conference after a settlement is reached or when the mediator determines that continuation of the process would be unproductive. After the initial mediation conference, mediation shall continue only by the agreement of the parties, their counsel and the mediator, or by order of the Court.
E. Report to the Court
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 at the request of the parties.
If no agreement is reached, the mediator shall report to the Court that the mediation 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.
F. Confidentiality of Mediation
1. Mediation sessions shall be closed to all persons other than the parties, their legal representatives, and other persons invited by the mediator with the consent of the parties.
2. Mediation shall be considered as settlement negotiations for purposes of KRS 408.
3. 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.
4. Nothing in this rule shall prohibit the mediator from reporting abuse according to KRS 209.030, KRS 620.030, or other applicable law.

Credits

HISTORY: Amended effective May 5, 2012. Prior amendments effective November 19, 2008.
Henry, Oldham and Trimble Family Court Rule 7, KY R HENRY FAM CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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