Rule 99.01.Authority, preamble and scope.

Rule 99.01 opens Kentucky's mediation rules by explaining where they come from and what they're for. The Supreme Court adopted them under its constitutional rulemaking authority and in line with Kentucky statutes, based on a finding that mediation can offer an efficient, lower-cost alternative to litigation when the parties use it wisely.

The rule describes mediation as a process that runs independent of, and outside, the court system: a neutral mediator helps the parties talk to each other and work toward a settlement. These rules govern any mediation a trial court orders, and the Supreme Court encourages parties to follow them even in mediations nobody ordered, though nothing stops parties from resolving a dispute some other way entirely.

The rule draws firm limits on when mediation can be ordered. A court may not order mediation in a case where one party could pose a risk of harm to other participants, and never in a way that conflicts with Kentucky's domestic-violence statute. A court also keeps the power to enforce its own order to mediate, but it cannot shift the cost of mediation onto a party after the fact, and it cannot fine, sanction, or penalize a party, or reallocate mediation costs, just because the case settles after court-ordered mediation. No local court rule or policy can override these Rules.