Kentucky Injury Resource Center
Depositions and mediation explained: what happens when the other side questions you under oath, and how mediation can settle a case before trial.
Reviewed by Larry Forman, Attorney.
Most injury lawsuits settle, and two events often decide when and how: depositions and mediation. In Kentucky courts, Kentucky Court of Justice legal help pages explain the basics of the court process. Both can feel intimidating if you don’t know what to expect. This guide explains each one in plain language.
Key takeaways
After a lawsuit is filed, both sides exchange information in “discovery”: written questions, documents and depositions. Mediation often comes after the key depositions, when both sides understand the evidence. See the full Kentucky personal injury lawsuit timeline.
Under Kentucky Rule of Civil Procedure 30, a party can take the oral deposition of any person. You answer questions under oath, and a court reporter records every word. Some depositions are also video recorded. It usually happens in a law office, not a courtroom, and no judge is present.
The other side’s lawyer asks most of the questions. Your lawyer can object and may ask a few questions at the end to clarify something.
The defense may also ask for a medical exam by a doctor they choose. See our independent medical exam guide.
Mediation is a structured settlement meeting. A neutral mediator, often a retired judge or experienced lawyer, works with both sides. Courts often order mediation before trial. Typically each side sits in a separate room and the mediator goes back and forth carrying offers and arguments. What is said in mediation is generally kept confidential and can’t be used at trial.
If both sides agree, the key terms are usually written and signed that day, and the case is resolved. If not, the case moves toward trial, and settlement talks can continue. You decide whether to accept any offer. Your lawyer’s job is to make sure you understand the risks and the likely range of outcomes so the decision is yours.
Larry Forman has tried 50+ jury trials. Defense lawyers and insurers know that if mediation fails, we are prepared to try the case.
Many plaintiff depositions in injury cases take a few hours. Complex cases can take longer.
It depends on the court’s order and the mediator. Some mediations happen by video. Your lawyer will tell you what’s required.
To mediation, often yes, with notice. To a deposition, other witnesses may be excluded; ask your lawyer.
Tell your lawyer. You can correct testimony on the record, and you typically get a chance to review the transcript for errors.
We prepare clients thoroughly for depositions and mediation and sit with you through every step.
Get a free case evaluation or call 502-931-6788.
This page is general information about Kentucky law as of October 2026, not legal advice. Every case is different.
