Ky. Sup. Ct. Order 2022-08 Rule 100.06

New Rule 100.06 shall read:

1. A mediator shall respect and encourage self-determination by the parties

in their decision whether, and on what terms, to resolve their dispute

and shall refrain from being directive and judgmental regarding the

issues in dispute and options for settlement.

2. A mediator may raise questions for the participants to consider regarding

their perceptions of the dispute as well as the acceptability of proposed

options for settlement and their impact on third parties. Furthermore, a

mediator may suggest for consideration options for settlement in addition

to those conceived of by the parties themselves.

3. A mediator shall not impose his/her opinion about the merits of a

dispute or about the acceptability of any proposed option for settlement.

Upon request, however, a mediator may provide evaluative observations.

Rule 100.07 Separation of mediation from legal and other professional

advice

New Rule 100.07 shall read:

A mediator shall limit himself or herself solely to the role of mediator and shall

not give legal or other professional advice during the mediation.

Rule 100.08 Conflicts of interest

New Rule 100.08 shall read:

1. A mediator shall not allow any personal interest to interfere with the

primary obligation to impartially serve the parties to the dispute.

2. A mediator shall not charge a contingent fee or a fee based on the

outcome of the mediation.

3. A mediator shall not use information obtained or relationships formed

during mediation for personal gain or advantage.

4. A mediator shall not knowingly contract for mediation services which

cannot be delivered or completed as directed by a court or in a timely

manner.

5. A mediator shall not give or receive any commission, rebate or other

monetary or non-monetary form of consideration from a party or

representative of a party in return for referral or expectation of referral of

clients for mediation services, except that a mediator may give or receive

de minimis offerings such as sodas, cookies, snacks or lunches served to

those attending mediations conducted by the mediator and intended to

further those mediations or intended to show respect for cultural norms.

6. A mediator should neither give nor accept any gift, favor, loan or other

item of value that raises a question as to the mediator's actual or

perceived impartiality.

Rule 100.09 Protecting the integrity of the mediation process

New Rule 100.09 shall read:

A mediator shall encourage mutual respect between the parties and shall take

reasonable steps, subject to the principle of self-determination, to limit abuses

of the mediation process.

This Order shall be effective February 1, 2022.

Entered this 2nd day of February 2022.

____________________________________

CHIEF JUSTICE

All sitting; all concur.