1. The mediation conference shall be held at a time and place agreed between the parties. If the parties cannot agree, the court may direct the time or place of mediation. 2. The mediator may confer with the parties or their counsel prior to the mediation conference for the purpose of establishing procedures for the mediation conference and such other reasons the mediator deems appropriate to advance the process. These conferences may be ex parte at the mediator's discretion. 3. The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator reasonably believes appropriate for efficiently conducting the mediation conference.
Rule 99.07.Mediation procedure.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceThe mediation conference happens at a time and place the parties agree on (or the court sets if they cannot), the mediator may hold pre-conference sessions, even ex parte, to set procedures, and may require confidential case statements or other materials.
Full Text of Rule 99.07
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 parties choose when and where the mediation conference happens. If they cannot agree, the court can set the time or place instead.
Before the conference, the mediator can meet with the parties or their lawyers to work out how the session will run. These planning meetings can happen with only one side present if the mediator decides that makes sense.
The mediator can also ask each side to submit a confidential statement of the case, or other materials, whenever the mediator believes that will help the conference run efficiently.
Frequently Asked Questions
Who decides when and where mediation takes place in Kentucky?
The parties agree on the time and place under CR 99.07. If they cannot agree, the court may direct the time or place.
Can the mediator talk to one side without the other present before mediation?
Yes. CR 99.07 allows the mediator to hold pre-conference sessions with the parties or counsel that may be ex parte, at the mediator's discretion.
Can a mediator require a written statement of the case before mediation in Kentucky?
Yes. Under CR 99.07 the mediator may require a confidential statement of the case or other materials the mediator believes will help the conference run efficiently.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 99.07). 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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