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Rule 100.04.Confidentiality.

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

In one sentenceRule 100.04 requires a mediator to protect confidentiality as CR 99 requires and to maintain the confidentiality of all information obtained during mediation, subject to the exceptions listed in CR 99.11.

Full Text of Rule 100.04

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A mediator shall strictly endeavor to protect confidentiality as required by CR 99. Subject to exceptions set forth in CR 99.11, a mediator shall maintain the confidentiality of all information obtained within the mediation process.

Amendment History

(Adopted January 14, 2022, effective February 1, 2022.) KENTUCKY RULES ANNOTATED Copyright © 2026 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved

Plain-English Summary

Rule 100.04 puts the confidentiality duty from CR 99 directly onto the mediator's shoulders. It requires a mediator to protect confidentiality as CR 99 requires and to maintain the confidentiality of everything learned during the mediation process.

The rule doesn't stand alone -- it works with CR 99.11, which spells out the specific protections and the exceptions to them, like mandatory abuse reporting or a settlement agreement offered as proof in an enforcement action. A mediator's confidentiality obligation under this rule runs only as far as CR 99.11 lets it.

Frequently Asked Questions

What confidentiality duty does a Kentucky mediator's ethics code impose?

Rule 100.04 requires a mediator to strictly protect confidentiality as required by CR 99 and to maintain the confidentiality of all information obtained within the mediation process.

Are there exceptions to a Kentucky mediator's confidentiality duty?

Yes. The duty is subject to the exceptions set out in CR 99.11, which include things like mandatory abuse reporting and settlement agreements offered to prove the terms of a settlement.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 100.04). 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
Also known as: Kentucky mediator confidentiality ethics ruleCR 100.04mediator confidentiality obligations Kentuckywhat must a mediator keep confidential KentuckyCR 100.04 and CR 99.11