Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceLets a Kentucky trial court refer a case or part of a case to mediation on its own motion or a party's motion, weighing listed factors and never through a blanket policy applied to all cases or as a precondition to a trial date.
Full Text of Rule 99.03
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At any time on its own motion or on motion of any party, the court may refer a case or portion of a case for mediation. Courts shall not, however, follow any blanket policy or practice of referring all cases, or any particular type of case, to mediation, nor any blanket policy or practice requiring completion of mediation as a pre-condition to assigning a trial date. In each case, the court shall take the following factors into consideration:
1. The stage of the litigation, including the need for discovery, and the extent to which it has been conducted. 2. The nature of the issues to be resolved. 3. The value to the parties of confidentiality, rapid resolution, or the promotion or maintenance of on- going relationships. 4. The willingness of the parties to mutually resolve their dispute. 5. Other attempts at dispute resolution. 6. The ability of the parties to participate in the mediation process including the ability of any party, counsel or required representative to participate in virtual mediation. 7. The cost to the parties.
Rule 99.03 governs how a case gets sent to mediation. At any point, the court can refer a case, or just part of it, to mediation, either because a party asked or on the court's own motion. What the court cannot do is adopt a blanket policy of sending every case, or every case of a certain type, to mediation, and it cannot make finishing mediation a precondition for getting a trial date.
Instead, the rule requires the court to weigh a specific list of factors in each case before referring it: how far the litigation has progressed and how much discovery remains, what kind of issues are in dispute, how much the parties value confidentiality, speed, or preserving a relationship, whether the parties are willing to work toward resolving the dispute themselves, what other settlement efforts have already been tried, whether the parties and their representatives can take part in the process, including virtually, and what mediation will cost the parties.
This case-by-case approach means a mediation referral has to fit the case in front of the court, not follow a one-size-fits-all rule, and a party can't be forced to complete mediation just to get a trial date scheduled.
Frequently Asked Questions
Can a Kentucky court require every case to go to mediation?
No. CR 99.03 bars any blanket policy of referring all cases, or a particular category of case, to mediation. Referrals have to be made case by case, weighing factors like the stage of litigation, the nature of the issues, and the parties' willingness to participate.
Does a party have to complete mediation before getting a trial date?
No. The rule specifically bars any blanket policy or practice requiring mediation to be completed as a precondition to assigning a trial date.
What factors does a Kentucky court consider before ordering mediation?
Under CR 99.03, the court considers the stage of the litigation and discovery, the nature of the issues, the value of confidentiality or a quick resolution, the parties' willingness to resolve the dispute, other dispute-resolution attempts already made, the parties' ability to participate (including virtually), and the cost to the parties.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 99.03). 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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