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Rule 18 Mediation project

Baldwin's Kentucky Revised Statutes Annotated23rd Judicial Circuit - Estill, Lee and Owsley Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
23rd Judicial Circuit - Estill, Lee and Owsley Circuit Court
KY ELOC Rule 18
Rule 18 Mediation project
RULE 1801. CASES FOR MEDIATION
The Judge may, at the completion of the pleadings, or at any other time prior to trial, refer to mediation any civil case except habeas corpus cases, election contests, appeals, or actions for injunctive relief.
RULE 1802. REFERRAL TO MEDIATION
(a) The Judge may, by appropriate entry, refer the case to mediation with the consent of the parties.
(b) The mediator may, by placing an appropriate entry of record, refer any case back to the Court because the case is inappropriate, because the parties are not cooperating with the mediator, or for other good cause which shall be provided in writing to the Court.
(c) An order of referral to mediation shall stay all further steps in the civil proceeding, including discovery, unless otherwise ordered. At the conclusion of the mediation, the Court shall enter an appropriate order lifting the stay or dismissing the action.
RULE 1803. MEDIATION CONFERENCES
(a) The mediator shall direct the parties and their attorneys to attend a mediation conference(s), either in person or by telephone, at the mediator's discretion. 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 the disposition of the proceedings.
(b) Mediation shall continue until the parties have reached a settlement, until they are unwilling to proceed further, or until the mediator determines that further efforts would be futile at that time. The mediator may schedule such sessions as are necessary to complete the process.
(c) The mediator may request that the parties bring documents or witnesses, including expert witnesses, to the sessions, but has no authority to order such production.
RULE 1804. CONFIDENTIALITY
(a) All statements made during mediation shall be treated as confidential, regardless of whether they are made by counsel, the mediator, a party, or a witness. No party shall introduce, for any purpose, a statement made during mediation at any civil trial or hearing.
(b) The mediator shall not voluntarily disclose to anyone the contents of mediation discussions except as agreed to by all of the parties or as ordered by the Court.
(c) No party to mediation shall call the mediator as a witness in any civil trial or hearing.
RULE 1805. REPORTING TO THE COURT
(a) The mediator shall notify the Court promptly when a case is not accepted for mediation. At the conclusion of cases accepted for mediation, the mediator will report the fact that the mediation process has ended.
(b) If a case is settled during mediation, the 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.
(c) 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 thirty (30) days of the termination of mediation. Unsettled cases shall then be returned to the Court's active docket.

Credits

HISTORY: Amended effective June 13, 2017. Prior amendments effective May 8, 2014.
Estill, Lee and Owsley Circuit Court Rule 18, KY R ESTILL LEE OWSLEY CIR CT Rule 18
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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