1. A mediator shall not allow any personal interest to interfere with the primary obligation to impartially serve the parties to the dispute. 2. A mediator shall not charge a contingent fee or a fee based on the outcome of the mediation. 3. A mediator shall not use information obtained or relationships formed during mediation for personal gain or advantage. 4. A mediator shall not knowingly contract for mediation services which cannot be delivered or completed as directed by a court or in a timely manner. 5. A mediator shall not give or receive any commission, rebate or other monetary or non-monetary form of consideration from a party or representative of a party in return for referral or expectation of referral of clients for mediation services, except that a mediator may give or receive de minimis offerings such as sodas, cookies, snacks or lunches served to those attending mediations conducted by the mediator and intended to further those mediations or intended to show respect for cultural norms. 6. A mediator should neither give nor accept any gift, favor, loan or other item of value that raises a question as to the mediator's actual or perceived impartiality.
Rule 100.08.Conflicts of interest.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceThis rule bars a Kentucky mediator from letting personal interests compromise impartiality, prohibits contingent or outcome-based fees, referral kickbacks beyond de minimis offerings, and using mediation-derived information for personal gain, and cautions against gifts that could raise doubts about impartiality.
Full Text of Rule 100.08
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
This rule lists the ways a mediator's own interests could get in the way of impartial service, and shuts each one down. A mediator cannot let a personal stake interfere with the obligation to serve both parties without bias. Fees cannot be tied to the outcome of the mediation or made contingent on a result, which removes any financial incentive for the mediator to steer a settlement one direction.
The rule also blocks a mediator from cashing in on what happens inside mediation, whether that means using information learned there or relationships formed there for personal gain, or taking on cases the mediator cannot deliver on time or as a court has directed. Referral kickbacks are off-limits too: a mediator cannot give or receive commissions, rebates, or other consideration in exchange for referrals, though the rule carves out de minimis courtesies like snacks or lunch served at mediation sessions, including ones offered out of respect for cultural norms.
Finally, the rule sets a softer standard for gifts generally: a mediator should not give or take a gift, favor, loan, or anything of value that would raise a question about the mediator's actual or perceived impartiality.
Frequently Asked Questions
Can a Kentucky mediator charge a fee based on the outcome of the case?
No. A mediator cannot charge a contingent fee or a fee based on the outcome of the mediation.
Can a mediator get paid for referring clients to another mediator in Kentucky?
No, with a narrow exception. A mediator cannot give or receive a commission, rebate, or other consideration in return for a referral, except for de minimis offerings such as sodas, cookies, snacks, or lunches served during mediation.
What happens if a mediator has a conflict of interest in Kentucky?
The rule requires the mediator not to let any personal interest interfere with the obligation to impartially serve the parties, and it prohibits using information or relationships from mediation for personal gain and accepting gifts that raise doubts about the mediator's impartiality.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 100.08). 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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