Mediation

​​​​​​​​​​​​​​Civil Rule 100, Code of Conduct for Mediators, which includes specific competency requirements​, applies to all mediators conducting mediations ordered by a Kentucky trial court. CR 99.01​, CR 100.1, CR 100.2

A mediator's most important qualification is the mediator's competence in procedural aspects of facilitating the resolution of disputes rather than the mediator's familiarity with technical knowledge relating to the subject of the dispute. Therefore, a mediator shall obtain necessary skills and substantive training appropriate to the mediator's practice and upgrade those skills on an ongoing basis. CR 100.2 It is recommended that mediators complete a formal training program covering communication skills; conflict resolution theory and practice; mediation theory, practice and techniques and the court process. 

​However, unless the parties agree otherwise, a person wishing to provide mediation services in a connection with a family law action must have the following minimum training and experience pursuant to FCRPP 39: 

• 40 hours of mediation training; 
  
• 20 hours of mediation training focused on family law mediation including the dynamics of domestic violence and interpersonal violence in relationships, which can either be part of the 40-hour training or in addition to it; and 
  
• 15 hours of hands-on experience in mediating matters similar to the ones being mediated​.
  

​​​​​​​General Mediation Training

General mediation training curriculum will typically include the following topics: ​

• Overview of alternative dispute resolution processes
• Principles of mediation
• Stages and goals of the mediation process
• Role of mediator
• Nature of conflict/behaviors in conflict
• Mediation skills, including negotiation skills, interactive listening, question-asking, use of neutral language, reframing, interest identification, addressing barriers to agreement, agreement writing
• Values and bias awareness
• Cultural diversity
• Power imbalance
• Working with attorneys and representatives of parties
• Ethical issues, including confidentiality, impartiality, informed consent, conflict of interest, fees, responsibilities to third parties, advertising and soliciting and withdrawal by mediator
  

Family mediation training typically includes the general training curriculum listed above plus those pertaining specifically to family law actions: 

• Custody
  
• Financial support for child and/or spouse
• Division of property and debt
• Tax considerations
• Emotional and cognitive stages of child development
• Psychological/emotional effects of divorce on children and adults
• Understanding the cycle and presence of domestic violence
  

How to Obtain Mediation Training

Mediation training is an investment in professional development and requires a commitment of time and money. Costs can range from several hundred to several thousand dollars, depending on whether an individual chooses an all-volunteer community mediation program or training provided by a public or private organization. Mediation training is available through colleges and universities, private training organizations and community mediation programs.

Research training programs carefully to determine the quality of the program. Find out what you can about the type of mediation work the trainers do, the kinds of cases they mediate, how long they been mediating and how many individuals they have trained. It is helpful to know how long the organization has been providing training services.

It is also important to consider the design of the training program. Mediation training typically uses a range of teaching methods, including lecture, large- and small-group discussion, interactive exercise and coached role-playing. Trainings should provide at least three opportunities for a participant to act as a mediator in coached role-playing under the supervision of an experienced mediator, who will provide feedback to facilitate learning. Ask about the ethical guidance students will receive, the student-to-teacher ratio, how much time is spent on the various teaching methods and what kinds of training materials will be provided.​​

​​For mediation training of KCOJ personnel, the AOC contracts with the ​​​​​​North​​​ern Kentucky University Alternative Dispute Resolution Center. KCOJ personnel wishing to apply for this training should visit the KCOJ Mediatio​n SharePoint Site for additonal information, including registration requirements and forms. Registration for NKU's mediation training is also open to the public and registration is avaliable here: ​Non-KCOJ registration.​

Mediation Training Schedule

​All registrations must be recieved by January 15, 2026. 

​​​​​​​Question: What is mediation and how does it work?
Answer: Mediation is an informal process in which a neutral third party 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.

Question: What kinds of disputes are appropriate for mediation?
Answer: Mediation has been used successfully in a wide range of civil (and occasionally criminal) disputes, whether or not a court case has been filed. It works best in cases in which the parties want to work out a solution. It is particularly helpful in disputes that require creative, as well as legal solutions or in which there will be a continuing relationship between the parties.

Question: How much does mediation cost?
Answer: Private mediators generally charge $125 - $200 per hour. Sometimes court staff or volunteer mediators are available to mediate at no cost to the parties.

Question: How long does mediation take?
Answer: It can take one hour to many hours - one session to several. It depends on:

• The number and complexity of issues
• Number of parties
• How much you disagree
• How open you are to try to work things out
• Your emotions
• How well you can communicate

Question: Do I have to be an attorney to be a mediator?
Answer: In Kentucky, a mediator is not required to be an attorney, but if the m​ediation is court-ordered, the mediator is subject to compliance with Civil Rule 99 and Civil Rule 100.

Question: Do I need certain training or certification to mediate in Kentucky?
Answer: Except for individuals mediating family actions as provided in FCRPP 39,​ you do not need certain training or certifications to mediate in Kentucky. However, mediators must comply with Civil Rule 99 and Civil Rule 100, where the mediation has been ordered by the trial court. ​

Question: Can I mediate as a full-time vocation?
Answer: Some mediators are fortunate to mediate full-time. Most, however, practice mediation to supplement their income or as meaningful volunteer work.

Question: Is mediation confidential?
Answer: Confidentiality has been well recognized as a necessary means of encouraging full and frank exchanges within mediation sessions. Kentucky's Civil Rule 99.11​​ provides for mediation sessions to be completely confidential except in situations where a mediator, like any adult, has a statutory duty to report allegations of neglect and/or abuse.

Question: Why should I use mediation?
Answer: People might choose mediation for many reasons:

• Mediation may be less confrontational than dealing with the issues in open court litigation or in front of a judge
• Some people appreciate the privacy and confidentiality of mediation and seek a respectful and cooperative environment in which to make important decisions
• Mediation can save time and money
• You decide what issues to try to solve in mediation
• The mediator does not force or make agreements, you do. If there is no resolution, you still have the option of going to court
  

Question: How do I find a mediator?
Answer: In many jurisdictions, the Circuit Court Clerk’s Office or the Friend of the Court’s office (where available) may have a directory of local mediators. Mediators may also be found in other local directories or via web searches.​

​​Felony mediation provides an out-of-court and timely procedure to process felony cases through our judicial system. Mediation allows for a facilitated conversation between the prosecutor and the defendant regarding the defendant's case. The process is voluntary and provides cost-effective justice.

A felony mediator convenes a conference with the defendant, his attorney and the prosecutor on a carefully selected case at the local courthouse. Felony mediators are retired judges who are also trained and experienced in mediation and Kentucky criminal law.

The mediation session can last several hours, or even multiple days, depending on the number of defendant's and the complexity of the issues to be resolved.  ​

Who benefits from felony mediation, and what are the benefits?

• Court: docket control
• Commonwealth's Attorney: case management
• Defendant: speedy access to justice; voluntary; chance to be heard by judge without being judged; fair agreements
• Public Advocate: Case management
• Crime Victims: may participate in carefully selected cases; opportunity to confront offender in an informal yet safe environment
• Taxpayer: may reduce the cost of incarceration
• Jail: reduces risks associated with overcrowded jails

Case Referral and Scheduling

Referrals are made by the presiding judge, the Commonwealth Attorney, and defense attorneys. However, all referrals are approved by the Judge. A request for assignment of a retired judge to mediate a felony case can be made by completing the request form and returning it to felonymediation@kycourts.net.

​​​​​​The following is a compilation of legislation, Supreme Court rules and actions pertaining to Alternative Dispute Resolution (ADR) in Kentucky:

Kentucky CR99 and CR100 - Mediation Rules​

Kentucky Family Court Rules of Procedure and Practice - FCRPP 39 Mediation

Temporary Assignment of Retired Judges Program - Supreme Court Administrative Order 2023-41​​​

Authority for Personnel Cabinet KEMP (Kentucky Employee Mediation Program) - KRS 18A.110​​

Duty to Report Dependency, Neglect, Or Abuse - KRS 620.030

Public policy in favor of mediation - KRS 454.011

Mediation Defined - KRS 446.010(52)​​

Domestic Violence and Mediation - KRS 403.036

Mediation for Special Education - KRS 200.650-676

Kentucky Natural Resources & Environmental Protection Cabinet Mediation Program Act - KRS Chapter 417

Reports of Adult Abuse, Neglect, or Exploitation - KRS 209.030 and KRS 209A.030

Arbitration of Defective New Car Claims - KRS 367.842​​

Arbitration of Labor Disputes - KRS 336.700

Kentucky Uniform Arbitration Act - KRS Chapter 417