Alternative Dispute Resolution Background in Kentucky

Alternative Dispute Resolution (ADR) is not new to Kentucky. There has been quite a bit of activity in this field beginning with the adoption of the Kentucky Uniform Arbitration Act in 1984. In the early 1990's, non-profit mediation services were available in Jefferson and Fayette Counties. They provided direct mediation services to the courts and trained and supervised new mediators. Gradually, judges began referring more cases to mediation, but, in general, activity was sluggish until 1998. It was then, through the urging of the Mediation Association of Kentucky, that the legislature passed KRS 454.011 officially establishing public policy in favor of mediation for the peaceable resolution of disputes. This highlighted mediation as a viable alternative to litigation, and by then, several jurisdictions had local mediation rules. In 2000, the Supreme Court of Kentucky adopted Model Mediation Rules, making it more likely and more convenient for all trial courts across the state to refer cases to mediation. In 2002, Supreme Court Chief Justice Joseph Lambert approved the addition of a new department in AOC for Alternative Dispute Resolution. It is now a thriving Division of the Mediation and Family Court Services Department. Its mission is to promote, facilitate, and maintain the effective use and growth of mediation and other forms of alternative dispute resolution. The division is responsible for training court staff and private mediators throughout the state; developing new programs, such as Permanency Mediation and Settlement Week; and promoting minimum guidelines for mediators.

The following is a more detailed compilation of legislation, Supreme Court rules and actions pertaining to ADR in Kentucky.

• 1984 KRS Chapter 417 Kentucky Uniform Arbitration Act
• 1986 KRS 336.1662 Arbitration of Labor Disputes
• 1986 KRS 367.841-844 Lemon Law and Arbitration
• 1994 KRS Chapter 417 Kentucky Natural Resources and Environmental Protection Cabinet Mediation Program
• 1996 KRS 403.036 Domestic Relations and Mediation
• 1996 KRS 200.650-676 Mediation for Special Education
• 1998 KRS 454.011 Public policy in favor of mediation

It is the policy of this Commonwealth to encourage the peaceable resolution of disputes and the early, voluntary settlement of litigation through negotiation and mediation. To the extent it is consistent with other laws, the courts and state governmental agencies are authorized and encouraged to refer disputing parties to mediation before trial or hearing.

• 1998 KRS 446.010 Mediation Defined

"Mediation" means a non-adversarial process in which a neutral third party encourages and helps disputing parties reach a mutually acceptable agreement. Recommendations by mediators are not binding on the parties unless the parties enter into a settlement agreement incorporating the recommendations.

• 2001 KRS 18A.165 Authority for Personnel Cabinet KEMP Kentucky Employee Mediation Program for more information go to: http://personnel.ky.gov/kemp

Mediation and the Courts

• 1984 SCR 3.800 Legal negligence arbitration
• 1984 SCR 3.810 Legal fee arbitration
• 1993 SCR 3.815 Mediation and arbitration
• 2000 Model Mediation Rules
• 2002 Creation of ADR Services Department at AOC
• 2004 ADR Services merged and renamed Mediation Division of Mediation and Family Court Services Department