Kentucky Motion to Refer Case to Mediation

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Multi-State
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US-02642BG
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

The Court may require each party to submit a trial brief consisting of a short memorandum of his view of the facts and law on which he will rely; and if so, the Court shall fix the time for filing such briefs in the pretrial order.

An opposing party shall have twenty (20) days from the certification date on the motion to respond. A reply may be filed no later than ten (10) days after the filing of a response and shall not exceed five (5) pages in length, in type no smaller than 12-point.

The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons upon that defendant.

The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences.

Once the Respondent has received his or her service letter of the complaint, state law (KRS 344.210) gives the Respondent twenty days to file an answer to the allegations in that complaint.

The new rules, which took effect on Feb. 1, 2022, give courts the authority to refer all or part of a civil case to mediation and to appoint a mediator ? a neutral third party who helps settle some or all of the contested issues.

An opposing party shall have twenty (20) days from the certification date on the motion to respond. A reply may be filed no later than ten (10) days after the filing of a response and shall not exceed five (5) pages in length, in type no smaller than 12-point.

CR 59.05 Motion to alter, amend or vacate a judgment A motion to alter or amend a judgment, or to vacate a judgment and enter a new one, shall be served not later than 10 days after entry of the final judgment.

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Kentucky Motion to Refer Case to Mediation