"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.
1998 KRS 446.010 Mediation Defined
Why choose mediation?
- Promotes a non-adversarial process that may be best for parties who have an on-going or continuing relationship.
- Parties are in control of the outcome of their case.
- Provides more options for a win/win solution.
What kinds of cases can be mediated?
The easier question is what should not be mediated. Generally speaking, cases that require a ruling on a question of law, a constitutional interpretation, or some involving domestic violence, are better left to the courts. That means most cases can be settled in mediation. These include but not limited to personal injury, real estate, employment, family and divorce, contract, construction, probate, juvenile offenses, felony offenses, misdemeanor complaints, and medical malpractice.