Home Table of Contents

FCRPP 39 Mediation

Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and PracticeEffective: January 19, 2023

Baldwin's Kentucky Revised Statutes Annotated
Family Court Rules of Procedure and Practice
X. Mediation and Case Management Conferences
Effective: January 19, 2023
Kentucky Family Rules of Practice and Procedure FCRPP 39
FCRPP 39 Mediation
Currentness
(1) Mediation shall not be ordered in any case where one party may pose a risk of harm to other participants, and, in no event, shall mediation be ordered in conflict with KRS 403.036.
(2) At any time on its own motion or on motion of any party, the court may refer a case or portion of a case for mediation. Courts shall not, however, follow any blanket policy or practice of referring all cases, or any particular type of case, to mediation, nor any blanket policy or practice requiring completion of mediation as a pre-condition to assigning a trial date. In each case, the court shall take the following factors into consideration when determining whether to order the parties to mediation:
(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;
(f) The ability of the parties to participate in the mediation process including the ability of any party, counsel or required representative to participate in virtual mediation; and
(g) The cost to the parties.
(3) The parties may agree to mediate one or more issues in an action with a mediator or mediation service of their choice. If the parties are unable to agree on a mediator or a mediation service within fifteen (15) days of being referred to mediation, the court may choose a private mediator, private mediation service, or a Kentucky Court of Justice employee. Any mediator chosen by the court must be qualified under subsection (5) of this rule and must agree to conduct the mediation.
(4) A mediator shall not be ordered to mediate. If a mediator does not accept a case assignment, prompt notice must be given to the court.
(5) Absent agreement by the parties, mediations shall be conducted by a person who:
(a) Has completed a 40-hour mediation training, with either 20 hours of that training or 20 hours of additional training focused on family law mediation including the dynamics of domestic violence and interpersonal violence in relationships.
(b) Has at least 15 hours of hands-on experience in mediating matters similar to the ones being mediated, and
(c) Is qualified by education, training, and experience to undertake the mediation.
(6) All mediators, including judicial staff, shall keep mediation information confidential under CR 99.11, except for reporting obligations provided in CR 99.09.
(7) Attorneys may attend mediation with their clients. The mediator shall advise any party appearing without an attorney of the benefits of legal representation and of the parties' right to have any agreement reviewed by an independent attorney.
(8) The mediator shall solely act as a mediator. The mediator shall not provide therapy, legal advice, or other professional advice to parties. The mediator may identify the legal issues but shall not direct the decision of the mediation participants based upon the mediator's interpretation of the law as applied to the facts of the situation.
(9) Any agreement, during mediation, by the parties on any issue shall be reduced to writing and signed by the parties and their counsel.
(10) Conducting, or otherwise participating in, a case conference, including a case management conference under FCRPP 37, or acting as a parental coordinator, is not considered “mediation” under these rules.

Credits

HISTORY: Amended by Order 2023-02, eff. 1-19-23. Adopted by Order 2022-58, eff. 1-1-23
KY Family Court Rules FCRPP 39, KY ST FAM CT FCRPP 39
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
End of Document