Rule 99.08.Attendance at mediation conference.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceParties and counsel must attend the mediation conference, with set attendance rules for public entities, organizations, and insured parties whose carrier representative must hold full settlement authority; the rule defines that authority and allows the conference to be held virtually.

Full Text of Rule 99.08

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1. Unless otherwise ordered by the court or explicitly agreed to by the parties, the parties and their counsel, if any, shall attend the mediation conference. 2. If a party is a public entity, it shall appear by the presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body or officer of the entity. 3. If a party is an organization other than a public entity, it shall appear by the presence of a representative, other than the party's counsel of record, who has full authority to settle. 4. If any party is insured for the claim in dispute, that party shall also be required to have its insurance carrier(s) present by the presence of a representative of the insurance carrier(s) who is not that carrier's outside counsel; this representative must have full settlement authority. A court may not restrict a carrier representative from having telephone or other communication to seek additional authority.

Unless expressly ordered by the court, a party who is represented by counsel and the presence of a representative of the party's insurance carrier is not required to be present for the mediation. 5. Full authority to settle, or full settlement authority, means that the representative has authority to negotiate settlement on behalf of a particular party, organization, entity or insurance carrier. It does not require authority to settle for any specific amount or terms. 6. Unless otherwise agreed by the parties or ordered by the court, a mediation may be entirely virtual, or the presence of any attendee may be virtual.

End

Amendment History

(Adopted January 14, 2022, effective February 1, 2022.)

Plain-English Summary

Unless the court says otherwise or the parties agree to something different, the parties and their lawyers must show up to the mediation conference.

The rule spells out who counts as the party's representative depending on who is involved. A public entity must send someone with authority to negotiate and to recommend a settlement to the entity's decision-makers. Any other organization must send a representative, someone other than its lawyer, who can settle the case. And if a party carries insurance for the claim, the insurance company must also have present a representative, not its outside lawyer, who holds full settlement authority; the court cannot stop that representative from communicating with the carrier to seek more authority. The rule adds that a party represented by counsel, and that party's insurance representative, are not required to be present for the mediation unless the court expressly orders it.

Full settlement authority means the power to negotiate on behalf of the party, organization, entity, or carrier. It does not require authority to settle for any specific amount or terms.

The conference does not have to happen in person. Unless the parties agree otherwise or the court orders otherwise, the mediation, or any attendee's presence, can be entirely virtual.

Frequently Asked Questions

Who has to attend a Kentucky mediation conference?

Under CR 99.08, the parties and their counsel must attend the mediation conference unless the court orders otherwise or the parties agree to something different.

Does my insurance company have to send someone to mediation in Kentucky?

Yes. If a party is insured for the claim, CR 99.08 requires the insurance carrier to have a representative, not its outside counsel, with full settlement authority; that representative is not required to be present at the mediation unless the court expressly orders it.

Can mediation be done by video call in Kentucky?

Yes. CR 99.08 allows a mediation, or the presence of any attendee, to be entirely virtual unless the parties agree otherwise or the court orders otherwise.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 99.08). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

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