Understanding Confidentiality in Kentucky Family Law Mediation

Wooden puzzle with icons of a man, mediator and woman

In Kentucky, family law disputes, such as divorce, child custody, and support, often involve mediation for an efficient resolution. Mediation allows both parties to resolve disputes in a collaborative way, with the help of a neutral mediator. 

When opting for mediation, confidentiality is not to be underestimated – it is a crucial aspect of the process, as it protects discussions and encourages honest communication. 

In this article, you will gain an understanding of confidentiality in Kentucky family law mediation. Knowing these rules will help you engage in mediation more effectively, which in turn protects your legal rights – read on to find out more. 

Practice Areas Schedule a Consultation

What is Family Mediation in Kentucky?

Mediation can be voluntary, but it can also be a court-ordered process, and it involves a neutral third-party mediator who helps parties reach legal agreements. Commonly, family law mediation covers:

  • Child custody.
  • Parenting time. 
  • Child support.
  • Spousal support. 
  • Property division. 
  • Visitation schedules. 
  • Co-parenting plans. 

Importantly, mediators do not make decisions on behalf of the parties involved. Instead, they facilitate negotiations and agreements between them. Once an agreement is reached through mediation, it can be incorporated into a court order, if approved by a judge. 

Confidentiality in Kentucky Mediation

Under Kentucky law, mediation sessions benefit from very strong confidentiality protections:

  • KRS §403.750 (Family Court Mediation) and Kentucky Rules of Evidence §504 govern confidentiality in many family law mediations.
  • Typically, statements, documents and proposals made during mediation wouldn’t be admissible in court, unless the mediation results in a settlement. 
  • Mediators cannot be made to testify about confidential discussions. 

In mediation, confidentiality is important because it ensures parties can speak freely, without fear that what they say will be used against them in court. 

Exceptions to Confidentiality

A number of scenarios can limit confidentiality, such as:

  • Threats of child or elder abuse, or domestic violence – those must be reported to the relevant authorities. 
  • If criminal matters are brought into mediation by any party, that communication may not be protected. 
  • Signed agreements which become part of a court order do not fall under confidentiality – they become public records. 

Understanding these exceptions is important, as it helps to avoid misunderstandings. 

Benefits of Confidentiality

Confidentiality in mediation has many benefits, which is precisely why parties rely upon it. For example, it ensures open and honest communication, which in turn increases the chances of reaching a mutually acceptable agreement. 

It also serves as protection of sensitive personal matters, such as finances, parenting disputes, and family matters. It prevents any legal surprises, because generally, statements made during mediation cannot be used against a party in court. 

Importantly, confidentiality in mediation reduces emotional stress and tension, and it stimulates collaboration, as opposed to conflict. 

couple argues in a lawyer's office

Practical Tips for Mediation Participants

Here’s what you should do to make the most out of mediation, and to enjoy the benefit of confidentiality:

  • Be honest, but have a strategy – remember the exceptions to confidentiality. 
  • Have documentation that supports your position, such as financial statements or parenting schedules, but do not overshare. 
  • Consider having your lawyer present, as they can guide you during mediation sessions. 
  • Before the session begins, clarify with the mediator anything that you don’t understand about confidentiality yet. 

When to Seek Legal Help

Mediation is a complex process, especially when it involves child custody, support, or asset division. It can be a valuable tool, but the key is to understand confidentiality. 

A Kentucky family attorney can help you understand your legal rights before you enter any mediation sessions and can explain how exactly confidentiality applies to- and helps your case. 

At Hoffman Walker & Knauf, we guide and help clients like you every day. Our experienced family lawyers are ready to assist you in protecting your rights and your family’s future. 

Contact us today to schedule a consultation, and we will ensure that your mediation agreements are fair, enforceable, and fully compliant with Kentucky law. Let us help you navigate the legal world with confidence.