Rule 99.01.Authority, preamble and scope.

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

In one sentenceStates the constitutional and statutory basis for Kentucky's court-ordered mediation rules, describes mediation as an informal, cost-effective alternative to litigation, and limits when and how a trial court may order it.

Full Text of Rule 99.01

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1. These rules are adopted pursuant to the constitutional authority granted to the Supreme Court and consistent with Kentucky Revised Statutes (KRS) 454.011 and 446.010. 2. The Supreme Court finds that under some circumstances the process known as mediation may provide an efficient and cost-effective alternative to traditional litigation, and, further, that the wise and judicious use of mediation may benefit litigants. 3. Mediation allows parties an opportunity to resolve their issues through an informal process independent of, and outside of, the court process. A mediator serves as a neutral third person who encourages and assists settlement by facilitating communication between the parties. 4. These Rules shall be followed in any mediation ordered by the trial court. Parties are encouraged to follow these Rules in mediations not ordered by the trial court. However, nothing in these Rules shall prohibit parties from resolving disputes through other methods. 5. Mediation shall not be ordered in any case where one party may pose a risk of harm to other participants, and, in no event, shall mediation be ordered in conflict with KRS 403.036. 6. While the Supreme Court intends that the mediation process remain fully independent of, and outside of, the court process, a trial court retains its discretion to enforce its order to mediate; provided, however, a trial court shall not reallocate the cost of mediation after the mediation is completed and shall not fine, sanction, or penalize any party, or reallocate the cost of mediation because a case is settled after the court- ordered mediation. 7. No local rule, practice, procedure, standard order, or other policies of any trial court may conflict with or controvert these Rules.

Amendment History

Plain-English Summary

Rule 99.01 opens Kentucky's mediation rules by explaining where they come from and what they're for. The Supreme Court adopted them under its constitutional rulemaking authority and in line with Kentucky statutes, based on a finding that mediation can offer an efficient, lower-cost alternative to litigation when the parties use it wisely.

The rule describes mediation as a process that runs independent of, and outside, the court system: a neutral mediator helps the parties talk to each other and work toward a settlement. These rules govern any mediation a trial court orders, and the Supreme Court encourages parties to follow them even in mediations nobody ordered, though nothing stops parties from resolving a dispute some other way entirely.

The rule draws firm limits on when mediation can be ordered. A court may not order mediation in a case where one party could pose a risk of harm to other participants, and never in a way that conflicts with Kentucky's domestic-violence statute. A court also keeps the power to enforce its own order to mediate, but it cannot shift the cost of mediation onto a party after the fact, and it cannot fine, sanction, or penalize a party, or reallocate mediation costs, just because the case settles after court-ordered mediation. No local court rule or policy can override these Rules.

Frequently Asked Questions

What is court-ordered mediation in Kentucky?

It's a process the trial court can require under CR 99.01 through 99.11, in which a neutral mediator helps the parties communicate and try to resolve their dispute outside the normal litigation process. The Supreme Court adopted these rules because mediation can be a more efficient and less costly alternative to a full trial.

Can a court order mediation in every kind of case?

No. A trial court cannot order mediation in a case where one party may pose a risk of harm to other participants, and it can never order mediation in a way that conflicts with KRS 403.036, Kentucky's statute on domestic violence protective orders.

Can a court penalize a party for settling after mediation?

No. A trial court cannot fine, sanction, or penalize a party, and cannot reallocate the cost of mediation, because a case settles after court-ordered mediation is completed.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 99.01). 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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