1. A mediator shall respect and encourage self-determination by the parties in their decision whether, and on what terms, to resolve their dispute and shall refrain from being directive and judgmental regarding the issues in dispute and options for settlement. 2. A mediator may raise questions for the participants to consider regarding their perceptions of the dispute as well as the acceptability of proposed options for settlement and their impact on third parties. Furthermore, a mediator may suggest for consideration options for settlement in addition to those conceived of by the parties themselves. 3. A mediator shall not impose his/her opinion about the merits of a dispute or about the acceptability of any proposed option for settlement. Upon request, however, a mediator may provide evaluative observations.
Rule 100.06.Self-determination.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceThis rule protects party self-determination by barring a Kentucky mediator from being directive or judgmental about the dispute or settlement options, while still allowing the mediator to raise questions, suggest additional settlement options, and give evaluative observations if a party asks.
Full Text of Rule 100.06
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
The decision to settle, and on what terms, belongs to the parties, not the mediator. This rule tells mediators to respect that and stay out of the way of the parties' own choices. A mediator cannot push a party toward or away from a deal by injecting personal opinion or judgment about who is right.
That does not mean the mediator sits silent. A mediator may ask questions that help parties think through how they see the dispute, whether a proposed settlement works for them, and how it might affect people outside the room. A mediator may also put new settlement options on the table beyond what the parties have already proposed.
What the mediator cannot do, on their own initiative, is weigh in on who has the stronger case or whether a particular settlement offer is a good one. If a party asks for that kind of evaluative feedback, the mediator may give it, but the rule does not let a mediator volunteer an opinion on the merits or press a party toward a result.
Frequently Asked Questions
Can a Kentucky mediator tell me whether my settlement offer is fair?
Not unless you ask. The mediator may not impose an opinion about the merits of the dispute or the acceptability of a settlement option, but may give evaluative observations upon request.
Can a mediator suggest settlement options I have not thought of?
Yes. A mediator may raise questions about the parties' options and may suggest additional settlement options beyond those the parties came up with themselves.
Can a mediator pressure me to settle a case in Kentucky?
No. The rule requires the mediator to respect and encourage the parties' own self-determination and to refrain from being directive or judgmental about the issues in dispute or settlement options.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 100.06). 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 CR 100.06mediator self-determination Kentuckycan mediator give opinion on settlementmediator pressure to settle Kentuckymediator evaluative observations Kentucky