Ky. R. Civ. P. 99.03

As amended through November 7, 2024
Rule 99.03 - Referral of cases to mediation

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:

1. The stage of the litigation, including the need for discovery, and the extent to which it has been conducted.
2. The nature of the issues to be resolved.
3. The value to the parties of confidentiality, rapid resolution, or the promotion or maintenance of on-going relationships.
4. The willingness of the parties to mutually resolve their dispute.
5. Other attempts at dispute resolution.
6. 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.
7. The cost to the parties.

Ky. R. Civ. P. 99.03

Adopted by order 2022-04, eff. 2/1/2022; amended by order 2022-08, eff. 2/1/2022.