Rule 100.05.Consent.

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

In one sentenceThis rule requires a Kentucky mediator to make reasonable efforts so each party understands the mediation process, the mediator's role, and the party's options, and permits the mediator to point parties toward outside legal, financial, or tax advice when appropriate.

Full Text of Rule 100.05

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1. A mediator shall make reasonable efforts to ensure that each party understands the mediation process, the role of the mediator and the party's options within the process. 2. In appropriate circumstances, a mediator may inform the parties of the importance of seeking legal, financial, tax or other professional advice before, during or after the mediation process.

Amendment History

Plain-English Summary

Before a mediation gets underway, the mediator carries a duty to check that everyone in the room grasps how the process works. That includes explaining what the mediator does (and does not do) and what choices a party has at each stage. A party who walks in confused about the process cannot make sound decisions about it.

The rule also gives the mediator room to flag, when the situation calls for it, that a party might want to talk to a lawyer, accountant, or financial advisor before signing off on anything. The mediator is not required to send parties to outside counsel in every case, and this is not a substitute for the mediator's own advice, which Rule 100.07 bars entirely. It is a limited nudge toward informed consent, not a checklist the mediator must run through every time.

Frequently Asked Questions

Does a Kentucky mediator have to explain how mediation works before starting?

The mediator must make reasonable efforts to see that each party understands the mediation process, the mediator's role, and the party's options within that process.

Can a mediator in Kentucky tell me to see a lawyer or accountant?

Yes. In appropriate circumstances, a mediator may tell parties it makes sense to seek legal, financial, tax, or other professional advice before, during, or after mediation.

Is a mediator required to send every party to a lawyer before mediating?

No. The rule leaves that call to the mediator's judgment in appropriate circumstances rather than making it mandatory in every mediation.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 100.05). 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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