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Rule 99.02.Mediation defined.

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

In one sentenceDefines mediation under Kentucky's rules as an informal process in which a neutral mediator helps disputing parties reach their own agreement, with decision-making authority staying with the parties rather than the mediator.

Full Text of Rule 99.02

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Mediation is an informal process in which a neutral third person called a mediator facilitates the resolution of a dispute between two or more parties. The process is designed to help disputing parties reach an agreement on all or part of the issues in dispute. Decision-making authority remains with the parties, not the mediator. The mediator assists the parties in identifying issues, fostering joint problem-solving, and exploring settlement alternatives.

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 99.02 defines the term at the center of Kentucky's mediation rules. Mediation is an informal process where a neutral third person, the mediator, helps two or more parties work through a dispute and reach an agreement on some or all of the issues involved.

The key feature is who holds the power to decide. The mediator doesn't rule on the dispute or decide who's right; the mediator's job is to help the parties identify what's in dispute, work through problems together, and explore ways to settle. Any agreement that comes out of mediation is the parties' own, not something imposed on them.

Frequently Asked Questions

What does a mediator do in a Kentucky court case?

Under CR 99.02, a mediator is a neutral third person who helps the parties identify the issues, work through problems together, and explore ways to settle. The mediator facilitates the conversation but does not decide the outcome.

Who decides the outcome in mediation, the mediator or the parties?

The parties do. CR 99.02 states that decision-making authority remains with the parties, not the mediator, even though the mediator guides the process.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 99.02). 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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