Home Table of Contents

Rule 4 Mediation

Baldwin's Kentucky Revised Statutes Annotated36th Judicial Circuit - Knott and Magoffin Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
36th Judicial Circuit - Knott and Magoffin Circuit Court
KY RKMC Rule 4
Rule 4 Mediation
4.01 Cases for Mediation
The Circuit Judge may refer any civil case to mediation except a habeas corpus case or election contest.
4.02 Mediation Referrals
The Circuit Judge may, by appropriate order, refer a case to mediation with the consent of the parties. Cases shall be referred to a Court approved mediator, preferably one which is an attorney with trial experience.
4.03 Discovery
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.
4.04 Confidentiality
Except as otherwise provided by these rules or ordered by the Court for good cause shown, all mediation documentation and mediation communications 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. No part of the mediation proceedings shall be considered a part of the public record.
4.05 Reporting
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.

Credits

HISTORY: Effective May 8, 1996.
Knott and Magoffin Circuit Court Rule 4, KY R KNOTT MAGOFFIN CIR CT Rule 4
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document