Mediation in Kentucky

How Kentucky Family Courts use mediation

Kentucky operates Family Court divisions that handle divorce, custody, and related domestic relations matters. Many of these circuits require or strongly encourage mediation for contested issues before they set a trial date. This practice is set mostly at the circuit level, not by one statewide statute that mandates mediation in every case. How and when mediation is required, and what it costs, depends on which Kentucky county and Family Court division handles the case.

The domestic violence restriction under KRS 403.036

KRS 403.036 sets a clear limit on when Kentucky courts can order mediation. It applies in any court proceeding under KRS 403.010 through 403.350, Kentucky's core dissolution and custody statutes. A court may find that domestic violence and abuse exist, as defined in KRS 403.720.

If so, the court shall not order mediation unless the victim of the alleged abuse requests it. Even then, the court must find the victim's request is voluntary and not the result of coercion. It must also find mediation is a realistic, viable alternative to, or adjunct to, whatever protective order the victim is seeking. This puts the decision to mediate in a domestic violence case in the victim's hands, not the court's default discretion.

What mediation involves

Kentucky describes mediation as an informal process. A neutral mediator helps the parties resolve their dispute, rather than deciding the outcome. In a divorce or custody case, this usually means a mediator works with both parents or spouses. The goal is to help them reach their own agreement on issues like parenting time, decision-making, or property division, before those issues go to a judge.

Self-help resources and confidentiality

The Kentucky Court of Justice provides self-help resources and forms for people representing themselves in family law matters, including divorce and custody cases. Kentucky treats mediation as a process distinct from the court hearing itself. A neutral mediator facilitates discussion but does not make binding decisions.

Mediation practice varies by circuit. Anyone without an attorney should check with their local Family Court clerk. Ask about that circuit's specific mediation requirements, referral process, and any fees, in addition to the general statewide self-help materials. Confirm confidentiality protections for what is said during a Kentucky family mediation session with the assigned mediator or the local Family Court. The statewide statutory framework mainly addresses when mediation can and cannot be ordered. It does not spell out confidentiality rules within KRS 403.036 itself.

How a mediated agreement becomes a court order

A mediated agreement in a Kentucky divorce or custody case is not automatically enforceable the moment the parties sign it. It must go to the Family Court judge handling the case for review. Once approved, it becomes part of the final divorce decree or a separate custody and parenting time order. If mediation does not produce an agreement, the case moves toward a hearing before the judge. The same happens if mediation is barred under KRS 403.036 without a qualifying victim request.