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Rule V Mediation

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

Baldwin's Kentucky Revised Statutes Annotated
12th Judicial Circuit - Henry, Oldham and Trimble Circuit Courts
KY HOTC Rule V
Rule V Mediation
5.1 CASES FOR MEDIATION
All civil cases will be referred to mediation before an assignment of a trial date, except for prisoner cases or election contest or unless otherwise ordered by the Court.
5.2 REFERRAL TO MEDIATION
(A) The judge will prepare the appropriate order to refer the case to mediation with or without the consent of the parties. Cases shall be referred to a mediator approved by the Court. The procedures used during the mediation shall be set by the mediator.
(B) 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.
5.3 MEDIATION CONFERENCES
(A) The parties shall contact the mediator within seven (7) days from the entry of the order to schedule a mediation conference, which shall be held within sixty (60) days from the entry of the order, unless a different deadline is specified.
(B) The parties shall attend a mediation conference(s). Counsel may also be present. Such a conference shall be conducted by the mediator to consider the possibility of settlement, the simplification of the issues, and any other matters which the mediator and the parties determine may aid in the handling or disposition of the proceedings
(C) 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 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:
(1) The party, or on behalf of a public or corporate entity, a representative other than the party's counsel of record having full authority to settle without further consultation; and
(2) A representative of the insurance carrier for insured party who is not such a carrier's outside counsel and who has full authority to settle without further consultation.
The party's counsel of record, if any, may also be present.
5.4 CONFIDENTIALITY
(A) 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. They are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding.
(B) No part of the mediation proceedings shall be considered a public record.
(C) There is no confidentiality and restriction on disclosure under this rule to the extent that:
(1) All parties consent in writing to disclosure; or
(2) The mediation communication or mediation document gives the mediator or persons associated with the mediator's office, knowledge of or reasonable cause to suspect that a child or a spouse has been abused or a child has been neglected; or
(3) The mediation communications were made in furtherance of the commission of a crime or fraud or as part of a plan to commit a crime or fraud.
(4) Nothing in this rule shall be construed so as to permit an individual to obtain immunity from prosecution for criminal conduct.
5.5 MEDIATION REPORTS
(A) The mediator shall notify the Court promptly when a case is not accepted for mediation.
(B) 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.
(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.
(D) 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.
(E) At the conclusion of the cases accepted for mediation, the mediator will report to the Court the fact that the mediation process has ended. If the parties do not reach an agreement on any matter as a result of mediation, the mediator shall report the lack of agreement to the Court without comment or recommendation, except that the mediator shall notify the Court if a party has acted in bad faith during the mediation process. 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.

Credits

HISTORY: Amended effective November 19, 2008; May 21, 2012.
Henry, Oldham and Trimble Circuit Court Rule V, KY R HENRY CIR CT Rule V
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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