1. If the court designates the mediator, that mediator shall notify the court promptly by written notice to the court and the parties when a case is not accepted for mediation. 2. At any time after a case has been accepted, the mediator may refer it back to the court for good cause, which shall be by written notice to the court and the parties. 3. If a case is settled prior to or during mediation, the attorneys shall promptly notify the court and prepare and submit to the court an order reflecting the fact of settlement as in any other case. 4. If some but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within 10 days of the termination of mediation. 5. At the conclusion of cases accepted for mediation, the attorneys shall promptly report to the court in writing the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter at mediation, their attorneys shall promptly report the lack of an agreement to the court. The attorneys by unanimous agreement, or the mediator with explicit unanimous consent of the parties, may report to the court identifying those matters which, if resolved or completed, would facilitate the possibility of settlement.
Rule 99.09.Reporting to the court.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceThe rule requires written notice to the court at each stage of mediation: when a court-designated mediator declines a case, when a mediator sends a case back for good cause, when a case settles, when only some issues are resolved through a joint statement filed within 10 days, and when mediation concludes with or without agreement.
Full Text of Rule 99.09
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 keeps the court informed as mediation moves forward. If the court designated the mediator and that mediator will not take the case, the mediator must tell the court and the parties in writing right away.
Once mediation is underway, the mediator can send the case back to the court for good cause at any point, again by written notice to the court and the parties.
If the case settles, in whole, before or during mediation, the attorneys must promptly tell the court and submit a settlement order like they would in any other case. If mediation resolves some issues but not all, or if the parties agree to limit discovery or reach some other agreement short of full settlement, they must file a joint statement listing what is resolved and what remains for trial. That statement is due within 10 days of when mediation ends.
When mediation wraps up, the attorneys must promptly report in writing that it has ended, including whether the parties reached an agreement. If they did not, the attorneys must report the lack of agreement. The attorneys, if they unanimously agree, or the mediator, with the unanimous consent of the parties, may also tell the court which unresolved matters, if worked out, would make settlement easier to reach.
Frequently Asked Questions
What happens if a case settles during mediation in Kentucky?
Under CR 99.09 the attorneys must promptly notify the court and submit an order reflecting the settlement, as in any other case.
Do I have to tell the court if mediation does not resolve my case?
Yes. CR 99.09 requires the attorneys to promptly report to the court in writing when the parties do not reach an agreement at mediation.
How soon must the parties report a partial settlement from mediation?
Within 10 days of the termination of mediation, the parties must submit a joint statement identifying which issues are resolved and which remain for trial, under CR 99.09.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 99.09). 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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