Two accused murderers in Fleming County, Kentucky could have their fates determined through mediation. The judge has asked the attorneys involved in the case to choose a mediation to discuss resolving the case. The two accused men had the mediation process explained to them by the judge in court, who advised the men they did not need to accept the recommendation, but that the process could help everyone reach a resolution.

The attorneys set the mediation date for July 18, 2016.

The men are facing charges that could result in the death penalty related to the murder of University of Cincinnati Professor Randall Russ, whose body was found in Fleming County on Oct. 1, 2014. One of the two was arrested following the disappearance of the professor, after he led the state police to the body buried in a shallow grave. Police focused on the two after they used the professor’s credit card to withdraw cash from an ATM.

At the moment, attorneys are awaiting DNC evidence to determine if the sample matches one found on duct tape that was used to bind the professor. Due to a number of issues, the attorneys are considering two private labs to conduct the testing, which would cost approximately $10,000, and take up to 16 weeks, putting the September trial date in question.

Attorneys are hopeful they can get a portion of the DNA test paid for, but the time frame is still a problem. This is why the judge suggested mediation, hoping to avoid rescheduling the trial or forcing the trial without the DNA evidence.