Jefferson Cir. Ct. Local R. Rule 13

1301 Preamble and Scope.

The Jefferson County Trial Courts find that certain problem-solving techniques,

commonly known as Alternative Dispute Resolution, often provide an efficient and cost-effective alternative to traditional litigation. Further the wise and judicious use of

Alternative Dispute Resolution methods may benefit and improve the judicial process for

all citizens ofthis Commonwealth.

Alternative Dispute Resolution is intended to help both litigants and the Courts facilitate

the settlement of disputes. Litigants should participate in good faith and in an earnest

attempt to resolve their differences.

This Rule will refer primarily to mediation. Nothing in this Rule shall prohibit parties

from resolving disputes through other methods. The provisions of any specific Rule

regarding mediation (i.e., pretrial mediation of warrants in District Court or mediation of

family matters in Family Court) shall take precedence over this general Rule concerning

Alternative Dispute Resolution.

1302 Mediation Defined.

Mediation is an informal process in which a neutral third person(s) called a mediator acts

to help two or more litigants resolve part or all of their differences. The parties retain

decision-making authority. The mediator assists the parties in identifying issues,

fostering joint problem-solving and exploring settlement alternatives.

1303 Referral of Cases.

At any time on its own motion or on motion of any party, the Court may refer a case or a

portion of a case for mediation or another Alternative Dispute Resolution method as

agreed upon by the parties. In deciding, the Court shall consider:

(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; and

(f) The ability of the parties to participate in the mediation process.

1304 No Stay of Proceedings.

Unless otherwise ordered by the Court, mediation shall not stay any other proceedings.

1305 Appointment of Mediator.

Within fifteen (15) days of referral, the parties shall agree upon a mediator or mediators

or a mediation service. If the parties cannot agree, they shall notify the Court which will

select a mediator or a mediation service.

1306 Mediator Compensation.

The mediator shall be compensated at the rate agreed between the mediator and the

parties if the mediator was chosen by agreement. If the mediator is appointed by the

Court, the fee for the mediator shall be reasonable and no greater than the mediator's

standard fee. Unless otherwise agreed by the parties or ordered by the Court, the parties

shall equally divide the mediator's professional fees.

1307 Mediation Procedure; Time and Place of Mediation Conference.

Following selection ofthe mediator, the mediator shall set an initial mediation conference

within thirty (30) days. Unless otherwise agreed or ordered, the mediation conference

shall be held in the county in which the case is pending. The mediator may meet with the

parties or their counsel prior to the mediation conference for the purpose of establishing a

procedure for the mediation conference. The mediator may require the parties to submit

a confidential statement ofthe case or any material that the mediator may reasonably

believe appropriate for efficiently conducting the mediation conference.

1308 Attendance at Mediation Conference.

Except by agreement of the parties or order of Court, all counsel ofrecord and all parties

shall attend the mediation. A public entity shall be deemed to appear 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. An insured

party is deemed to appear by the physical presence of a representative of the insurance

carrier, who is not that carrier's outside counsel. This representative must have full

settlement authority. An organization other than a public entity or an insurance carrier

for an insured party shall be deemed to appear by the physical presence of a

representative, other than the party's counsel ofrecord, who has full authority to settle

without further consultation. Attendance may be varied by stipulation of the parties or by

order ofthe Court for good cause shown.

1309 Completion or Termination of Mediation.

The mediator may terminate the mediation conference after a settlement is reached or

when the mediator determines that continuation ofthe process would be unproductive.

After the initial mediation conference, mediation shall continue only by the agreement of

the parties, their counsel and the mediator.

1310 Report to the Court.

The mediator shall report to the Court that the mediation has not occurred, has not been

completed, or that the mediation has been completed with or without an agreement on

any or all issues. With the consent of the parties, the mediator may also identify those

matters which, if resolved or completed, would facilitate the possibility of a settlement.

1311 Agreement.

If an agreement is reached during mediation, it shall be reduced to writing and signed by

the parties. The parties shall be responsible for drafting the agreement, although the

mediator may assist in the drafting with the consent of the parties.

1312 Confidentiality.

A. Mediation sessions shall be closed to all persons other than the parties,

their legal representatives, and other persons invited by the mediator with

the consent of the parties.

B. Mediation shall be considered as settlement negotiations for purposes of

KRE 408.

C. Mediators shall not be subject to process requiring the disclosure of any

matter discussed during mediation, but rather, such matters shall be

considered confidential and privileged in nature except on order ofthe

Court for good cause shown. The privilege and immunity resides in the

mediator and may not be waived by the parties.

D. Nothing in this Rule shall prohibit the mediator from reporting abuse

according to applicable law.