Mediation in Kentucky courts: CR 99, CR 100 and FCRPP 39

Court-connected mediation in Kentucky is governed by two Rules of Civil Procedure, CR 99 (Mediation) and CR 100 (Code of Conduct for Mediators). The Kentucky Supreme Court adopted them in Order 2022-04, effective February 1, 2022. They replaced the Model Mediation Rules and Part XII of the Administrative Procedures.¹ Family court cases also follow FCRPP 39, the family court mediation rule, in effect since January 1, 2023.² We checked the Supreme Court's orders through October 14, 2026 and found no later amendments to CR 99 or CR 100.³

This guide quotes those rules and cites the subsection for each point. It is general information, not legal advice. The order in your case controls, so read it closely and ask your lawyer or the court clerk if something is unclear.

When a Kentucky court orders mediation

CR 99 applies to court-ordered mediation. CR 99.01(4) says: "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."¹

Referral. Under CR 99.03, "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." The same rule limits how courts do it: "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."¹

In each case, the court "shall take the following factors into consideration" (CR 99.03):¹

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."

FCRPP 39(2) applies the same referral standard and the same factors in family court.²

When mediation can't be ordered. CR 99.01(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." FCRPP 39(1) says the same for family cases.¹² If you have safety concerns, tell the court early. See also when divorce mediation is not recommended.

The case keeps moving. CR 99.04: "Referral of a case to mediation shall not operate as a stay of discovery or other proceedings unless otherwise ordered by the court or agreed to in writing by the parties."¹

Enforcement and settling later. Under CR 99.01(6), a trial court "retains its discretion to enforce its order to mediate." It "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."¹

Local rules. CR 99.01(7): "No local rule, practice, procedure, standard order, or other policies of any trial court may conflict with or controvert these Rules."¹

Who can mediate

Civil cases (CR 99.05). "Within fifteen (15) days of referral, the parties shall agree on a mediator or a mediation service. If the parties cannot agree, they shall notify the court. Only if the parties cannot agree on a mediator, the court will select a mediator who is recognized as a trained or experienced mediator in civil actions." (The "trained or experienced" wording took effect January 1, 2023.)²

CR 99 and CR 100 set no hour requirement or certification for civil mediators. CR 100.02 says that "a mediator shall obtain necessary skills and substantive training appropriate to the mediator's practice and upgrade those skills on an ongoing basis."¹

Family court (FCRPP 39). The parties "may agree to mediate one or more issues in an action with a mediator or mediation service of their choice." If they can't agree within 15 days of referral, "the court may choose a private mediator, private mediation service, or a Kentucky Court of Justice employee" (FCRPP 39(3)). A court-chosen mediator "must be qualified under subsection (5) of this rule and must agree to conduct the mediation."²⁴ Under FCRPP 39(4), "A mediator shall not be ordered to mediate."²

FCRPP 39(5) sets the qualifications. "Absent agreement by the parties, mediations shall be conducted by a person who":²

• "(a) Has completed a 40-hour mediation training, with either 20 hours of that training or 20 hours of additional training focused on family law mediation including the dynamics of domestic violence and interpersonal violence in relationships."
• "(b) Has at least 15 hours of hands-on experience in mediating matters similar to the ones being mediated, and"
• "(c) Is qualified by education, training, and experience to undertake the mediation."

Under FCRPP 39(10), a case conference (including a case management conference under FCRPP 37) and acting as a parenting coordinator are "not considered 'mediation' under these rules."²

Impartiality. CR 100.03 requires a mediator to "maintain impartiality toward the parties and on the issues in dispute" and to disclose, "no later than the beginning of the first session," any known relationships with the parties or counsel, personal knowledge of the facts, or economic interest that may affect impartiality. The mediator "shall decline to serve or shall withdraw" if a party keeps objecting on impartiality grounds after discussion, or if the mediator decides they can't serve impartially.¹

No legal advice. CR 100.07: "A mediator shall limit himself or herself solely to the role of mediator and shall not give legal or other professional advice during the mediation." In family cases, FCRPP 39(8) adds that the mediator "shall not provide therapy, legal advice, or other professional advice to parties."¹²

Confidentiality

CR 99.11 is the confidentiality rule.¹ Its main points:

• Closed sessions. "Unless agreed by the parties and the mediator, mediation conferences shall be closed to all persons other than the parties and their legal representatives" (99.11(1)).
• No recording "without express agreement of the parties, counsel and the mediator" (99.11(2)).
• Privilege. Under 99.11(4), "all mediation communications, including documents, communicated during the mediation process are both privileged and confidential," including communications with the mediator before, during and after the conference. They "are not subject to disclosure through discovery or any other process and are not admissible into evidence in any judicial or administrative proceeding."
• Exception for other evidence. Under the same subsection, "evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its disclosure or use during the mediation."
• Private caucus. It's each party's job "to explicitly advise the mediator precisely what information communicated to the mediator is communicated in confidence" (99.11(6)). The mediator may not pass such information to other participants without permission (99.11(7)).
• Nothing to the court. Unless CR 99 or CR 100 allows it, the mediator "shall not disclose to, nor discuss with, court officials or staff any information communicated to the mediator by any participant," including about scheduling or attendance (99.11(8)).
• The mediator can't be made to testify about what was discussed, "except on order of the court for good cause shown." This privilege belongs to the mediator "and may not be waived by the parties" (99.11(9)).
• Abuse reporting. "Nothing in this rule prohibits a mediator from reporting abuse according to KRS 209.030, KRS 620.030, or other applicable law" (99.11(10)).
• Settlement documents. A signed settlement document isn't confidential "unless the parties explicitly stipulate that the terms of settlement are to remain confidential," and it may be introduced as evidence if needed to enforce the settlement (99.11(11)).

Mediation also counts as settlement negotiations under Kentucky Rule of Evidence 408 (99.11(3)).¹ In family court, FCRPP 39(6) applies these confidentiality rules to "all mediators, including judicial staff."²

Fees, attendance and agreements

Fees (CR 99.06). A mediator chosen by agreement is paid "at the rate agreed between the mediator and the parties." A court-appointed mediator's fee "shall be no greater than the mediator's standard rate as a mediator." "Unless otherwise agreed by the parties or ordered by the court, the parties shall equally divide the mediator's professional fees."¹ CR 100.08(2) bars a contingent fee or "a fee based on the outcome of the mediation."¹ See divorce mediation cost.

Who must attend (CR 99.08). "Unless otherwise ordered by the court or explicitly agreed to by the parties, the parties and their counsel, if any, shall attend the mediation conference." Public entities, other organizations and insured parties must send representatives with the authority the rule describes. "Unless otherwise agreed by the parties or ordered by the court, a mediation may be entirely virtual, or the presence of any attendee may be virtual" (99.08(6)).¹ In family court, "Attorneys may attend mediation with their clients," and the mediator must tell anyone without a lawyer about "the benefits of legal representation" and their right to have any agreement reviewed by an independent attorney (FCRPP 39(7)).²

Agreements. Under CR 99.10, an agreement reached at mediation "shall be reduced to writing and signed by the parties." In family court, FCRPP 39(9) requires it to be signed "by the parties and their counsel."¹² See is mediation legally binding?

Reports to the court (CR 99.09). When a case settles, the attorneys notify the court and submit an order. If only some issues settle, the parties file a joint statement listing what's resolved and what remains "within 10 days of the termination of mediation." When mediation ends without agreement, the attorneys report that to the court.¹

How do I find a mediator in Kentucky?

The parties choose first. Both CR 99.05 and FCRPP 39(3) start with the parties agreeing on a mediator or mediation service within 15 days of referral. The court steps in only if they can't agree.¹²

There's no statewide list. CR 99, CR 100 and FCRPP 39 don't create a roster or certification of mediators. Kentucky's Administrative Office of the Courts confirmed to us on October 14, 2026 that no statewide mediator list exists and that it keeps no current roster.⁵ Some circuit and family courts may keep their own referral practices. Ask your court clerk or your lawyer what your court uses.

Questions to ask a mediator. For a family case, ask whether they meet FCRPP 39(5): 40 hours of mediation training with 20 hours focused on family mediation and domestic violence, and at least 15 hours of hands-on experience with similar cases.² For a civil case, ask about their training and experience in civil mediation (CR 99.05).² Also ask about their rate and any conflicts they need to disclose (CR 99.06, CR 100.03).¹ See how to choose a mediator and questions to ask a divorce mediator.

On MediationList. Our Kentucky page lists mediators located in Kentucky who appear on official court or government rosters in other states or federal agencies. It also lists Kentucky mediators we have verified ourselves. Attorneys are checked against the Kentucky Bar Association's public Lawyer Locator, and other mediators upload a mediation training certificate that we review by hand. Being verified doesn't mean a Kentucky court certified or approved them. Kentucky mediators can add a profile here. You can also get matched.

This guide is general information, not legal advice.