Kentucky
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Kentucky. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Kentucky can be found in RSI’s Research Library and in Reports below.
State Legislation
- Kentucky Revised Statute 403.036: Mediation not to be ordered unless conditions are met
- Kentucky Revised Statute 417.010-.240: Uniform Arbitration Act
- Kentucky Revised Statute 454.011: Declaration of public policy on encouragement of dispute resolution through negotiation and settlement
Statewide Court ADR Rules and Policies
State Office of Court ADR:
Statutes
Kentucky Revised Statute 403.036: Mediation not to be ordered unless conditions are met
Kentucky Legislature. Apr. 1, 2019Resource Type: Legislation
Abstract: In cases where there is evidence of domestic violence and abuse, this statute prohibits the use of mediation unless it is requested by the alleged victim. The court must also find that this request was made voluntarily, and that mediation is an appro...
Kentucky Revised Statute 454.011: Declaration of public policy on encouragement of dispute resolution through negotiation and settlement
Kentucky Legislature. Apr. 1, 2019Resource Type: Legislation
Abstract: This statute authorizes and encourages courts and state agencies to refer disputing parties to mediation before trials or hearings. ...
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Kentucky Revised Statute 417.010-.240: Uniform Arbitration Act
Kentucky Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: This chapter outlines the procedure for arbitration. In Kentucky, an agreement to submit a controversy to arbitration or a provision to submit to arbitration is valid, enforceable and irrevocable. This chapter outlines court appointment of arbitrator...
Rules
Supreme Court of Kentucky Order 2005-02: Mediation Guidelines for Court of Justice Mediators
Supreme Court of Kentucky. Apr. 15, 2005Resource Type: Rules - Court
Abstract: This rule sets out guidelines for all mediators practicing in state courts. It outlines training and experience requirements, proper conduct before and during the mediation, and confidentiality, among other topics. The rule also includes descriptions...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Contacts
Kentucky Court of Justice Office of Mediation
Kentucky Court of Justice.Resource Type: Organization
Abstract: The Kentucky Court of Justice Office of Mediation website provides information regarding the Felony Mediation Program, mediation guidelines, rules and legislation, forms and news regarding mediation in Kentucky courts. Cases mediated through this pro...