While traditional plea-bargaining between prosecuting attorneys and defendants still dominates, a number of Kentucky courts currently provide for a different option, felony mediation.  The program, which began in 2008, is praised as both a cost-saving tool for courts and a more wholesome resolution for parties.  The closed mediations allow each side to give a 45-minute preview of what their court presentation would be to a ‘senior status’ and specially trained judge.  Victims also have to the right to be heard in these closed mediations. Mediation can be requested by either party subject to approval by a judge or ordered by a judge outright.

How serious a crime are Kentucky officials willing to mediate? A recent court-ordered mediation revolves around the alleged sexual abuse of a minor.  Patrick Shouse, 43, accused of fondling an underage girl and providing her with alcohol and marijuana, will try mediating his Class D felonies before entering the traditional court process.  But don’t gasp too soon, the use of mediation is a case-by-case analysis that may be withheld at the onset or revoked in light of subsequent facts.  For example, Geraldo Ortiz Jr. was scheduled for mediation for child abuse charges stemming from an April 2011 event.  However, in December of last year, Ortiz was charged with a series of Class A felonies for the kidnap, rape and stabbing of his then girlfriend.  The second arrest led to a prompt decision that continuing mediation on the child abuse charges would be “inappropriate.”   For minor felonies and misdemeanors, however, the program remains a viable option for Kentuckians and a glimpse into the future expansion of alternative dispute resolution.