5-512.   Confidentiality of proceedings.(a) All verbal or written information transmitted between any party to adispute and a neutral person conducting a proceeding under the disputeresolution act or the staff of an approved program shall be confidentialcommunications. No admission, representation or statement made in theproceeding shall be admissible as evidence or subject to discovery. A neutralperson conducting a proceeding under the dispute resolution act shall not besubject to process requiring the disclosure of any matter discussed during theproceedings unless all the parties consent to a waiver. Any party andthe neutral person conducting the proceeding,participating in the proceedinghas a privilege in any action to refuse to disclose, and to prevent a witnessfrom disclosing, any communication made in the course of the proceeding. Theprivilege may be claimed by the party or the neutral person or anyonethe party or the neutral person authorized to claimthe privilege.

      (b)   The confidentiality and privilege requirements of this section shallnot apply to:

      (1)   Information that is reasonably necessary to allow investigation of oraction for ethical violations against the neutral person conducting theproceeding or for the defense of the neutral person or staff of an approvedprogram conducting the proceeding in an action against the neutral person orstaff of an approved program if the action is filed by a party to theproceeding;

      (2)   any information that the neutral person conducting the proceeding isrequired to report underK.S.A. 2009 Supp.38-2223, andamendments thereto;

      (3)   any information that is reasonably necessary to stop the commission ofan ongoing crime or fraud or to prevent the commission of a crime or fraud inthe future for which there was an expressed intent to commit such crime orfraud;

      (4)   any information that the neutral person conducting the proceeding isrequired to report or communicate under the specific provisions of any statuteor in order to comply with orders of a court; or

      (5)   any report to the court that a party has issued a threat of physicalviolenceagainst a party, a party's dependent or family member, the mediator or anofficer or employee of the court with the apparent intention of carrying outsuch threat.

      History:   L. 1994, ch. 217, § 12;L. 1996, ch. 140, § 12;L. 1999, ch. 157, § 1;L. 2006, ch. 200, § 79; Jan. 1, 2007.