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Civil litigation

mediation

Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In Kentucky, mediation is a recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. Kentucky courts often encourage or require mediation in civil lawsuits as a means to resolve issues before proceeding to trial. While participation in mediation is sometimes mandated, the parties are not obligated to reach a settlement. If the parties cannot resolve their differences through mediation, the case will continue to trial where a judge or jury will make the final decision. Importantly, Kentucky law typically holds that communications during mediation are confidential and cannot be used as evidence in trial, which encourages open dialogue and negotiation during the mediation process.

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Civil litigation

mediation

Individual & Family Legal Plan

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Kentucky State Code

Kentucky State Code

Civil litigation

mediation

Articles