A class of new mediators graduated July 18 from the Administrative Office of the Courts Division of Mediation after completing the division's weeklong General Civil Mediation Training. Among the graduates are former Chief Justice Joseph E. Lambert (seated at left), AOC Director Jason Nemes (second row, third from right) and several senior judges who will mediate court cases.
On April 1, 2002 Chief Justice Joseph Lambert recognized an opportunity to provide wider and more efficient access to justice in Kentucky and established the Department of Alternative Dispute Resolution Services ("ADR Services") under the Administrative Office of the Courts. Its mission is to promote and implement alternative dispute resolution services throughout Kentucky's Court of Justice. The creation of the department followed on the heels of the Model Mediation Rules adopted by the Supreme Court in 2000 and the widespread use of mediation in the Family Courts. In September 2004, the department was merged with Family Courts and its name changed to Mediation and Family Court Services. Today, many of Kentucky's jurisdictions have local rules authorizing judges to refer all kinds of cases to mediation, from the multi-million dollar personal injury case to Small Claims cases such as landlord-tenant disputes.
Among the priorities of the Mediation Division are the development of guidelines for mediators, mediation training and encouraging the expanded use of mediation in each of the Supreme Court districts.
While mediation is the favored ADR process in Kentucky, it is not the only process available. Others are arbitration, early neutral evaluation and mini-trial. In mediation, a neutral mediator facilitates the negotiations between disputing parties. The mediator is not a decision maker but instead conducts a forum in which parties craft their own solution. Most cases settle. However, for those that do not, parties still have the option of going to court.
Why choose mediation? The benefits of mediation are different for different people. For example, disputing parties benefit because mediation is usually faster and more affordable than the traditional litigation process. The average mediation only takes a half a day when the same case could takes several days to try. Also, if there is a potential for reconciliation, as in cases where the parties will have an ongoing relationship, the non-adversarial mediation process is best. Lawyers benefit from having their caseload move along faster to make way for the next case, and resolving a dispute in the most cost effective manner results in more referrals from their satisfied clients. Judges benefit from having this tool to help manage their ever-burgeoning dockets. Finally, the community benefits whenever the citizenry resolves its disputes civilly and peaceably.
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 ones 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, misdemeanor complaints, and medical malpractice.