23-603.Duties of mediator.(a) A mediator appointed under K.S.A. 23-602 and amendments thereto shall:
(1) Inform the parties of the costs of mediation;
(2) advise the parties that the mediator does not represent either orboth of the parties;
(3) define and describe the process of mediation to the parties;
(4) disclose the nature and extent of any relationships with the partiesand any personal, financial or other interests which could result in biasor a conflict of interest;
(5) advise each of the parties to obtain independent legal advice;
(6) allow only the parties to attend the mediation sessions;
(7) disclose to the parties' attorneys any factual documentationrevealed during the mediation if at the end of the mediation process thedisclosure is agreed to by the parties;
(8) ensure that the parties consider fully the best interests of thechildren and that the parties understand the consequences of any decisionthey reach concerning the children; and
(9) inform the parties of the extent to which information obtained fromand about the participants through the mediation process is not privilegedand may be subject to disclosure.
(b) The mediator may meet with the children of any party and, with theconsent of the parties, may meet with other persons.
(c) The mediator shall make a written summary of any understandingreached by the parties. A copy of the summary shall be provided to theparties and their attorneys, if any. The mediator shall advise each partyin writing to obtain legalassistance in drafting any agreement or for reviewing any agreement draftedby the other party.Any understanding reached by the parties as a result of mediation shall notbe binding upon the parties nor admissible in court until it is reduced towriting, signed by the parties and their attorneys, if any, and approved bythe court. If the parties are not represented by attorneys, the mediatorshall provide to the court or hearing officer the written summary ofany understanding signedby the parties, which, if approved by the court or hearing officer,shall be incorporated inthe order of the court or hearing officer.
(d) The mediator may act as a mediator in subsequent disputes betweenthe parties. However, the mediator shall decline to act as attorney,counselor or psychotherapist for either party during or after the mediationor divorce proceedings unless the subsequent representation, counseling ortreatment is clearly distinct from the mediation issues.
History: L. 1985, ch. 147, § 3;L. 1986, ch. 138, § 4; July 1.
23-603.Duties of mediator.(a) A mediator appointed under K.S.A. 23-602 and amendments thereto shall:
(1) Inform the parties of the costs of mediation;
(2) advise the parties that the mediator does not represent either orboth of the parties;
(3) define and describe the process of mediation to the parties;
(4) disclose the nature and extent of any relationships with the partiesand any personal, financial or other interests which could result in biasor a conflict of interest;
(5) advise each of the parties to obtain independent legal advice;
(6) allow only the parties to attend the mediation sessions;
(7) disclose to the parties' attorneys any factual documentationrevealed during the mediation if at the end of the mediation process thedisclosure is agreed to by the parties;
(8) ensure that the parties consider fully the best interests of thechildren and that the parties understand the consequences of any decisionthey reach concerning the children; and
(9) inform the parties of the extent to which information obtained fromand about the participants through the mediation process is not privilegedand may be subject to disclosure.
(b) The mediator may meet with the children of any party and, with theconsent of the parties, may meet with other persons.
(c) The mediator shall make a written summary of any understandingreached by the parties. A copy of the summary shall be provided to theparties and their attorneys, if any. The mediator shall advise each partyin writing to obtain legalassistance in drafting any agreement or for reviewing any agreement draftedby the other party.Any understanding reached by the parties as a result of mediation shall notbe binding upon the parties nor admissible in court until it is reduced towriting, signed by the parties and their attorneys, if any, and approved bythe court. If the parties are not represented by attorneys, the mediatorshall provide to the court or hearing officer the written summary ofany understanding signedby the parties, which, if approved by the court or hearing officer,shall be incorporated inthe order of the court or hearing officer.
(d) The mediator may act as a mediator in subsequent disputes betweenthe parties. However, the mediator shall decline to act as attorney,counselor or psychotherapist for either party during or after the mediationor divorce proceedings unless the subsequent representation, counseling ortreatment is clearly distinct from the mediation issues.
History: L. 1985, ch. 147, § 3;L. 1986, ch. 138, § 4; July 1.
23-603.Duties of mediator.(a) A mediator appointed under K.S.A. 23-602 and amendments thereto shall:
(1) Inform the parties of the costs of mediation;
(2) advise the parties that the mediator does not represent either orboth of the parties;
(3) define and describe the process of mediation to the parties;
(4) disclose the nature and extent of any relationships with the partiesand any personal, financial or other interests which could result in biasor a conflict of interest;
(5) advise each of the parties to obtain independent legal advice;
(6) allow only the parties to attend the mediation sessions;
(7) disclose to the parties' attorneys any factual documentationrevealed during the mediation if at the end of the mediation process thedisclosure is agreed to by the parties;
(8) ensure that the parties consider fully the best interests of thechildren and that the parties understand the consequences of any decisionthey reach concerning the children; and
(9) inform the parties of the extent to which information obtained fromand about the participants through the mediation process is not privilegedand may be subject to disclosure.
(b) The mediator may meet with the children of any party and, with theconsent of the parties, may meet with other persons.
(c) The mediator shall make a written summary of any understandingreached by the parties. A copy of the summary shall be provided to theparties and their attorneys, if any. The mediator shall advise each partyin writing to obtain legalassistance in drafting any agreement or for reviewing any agreement draftedby the other party.Any understanding reached by the parties as a result of mediation shall notbe binding upon the parties nor admissible in court until it is reduced towriting, signed by the parties and their attorneys, if any, and approved bythe court. If the parties are not represented by attorneys, the mediatorshall provide to the court or hearing officer the written summary ofany understanding signedby the parties, which, if approved by the court or hearing officer,shall be incorporated inthe order of the court or hearing officer.
(d) The mediator may act as a mediator in subsequent disputes betweenthe parties. However, the mediator shall decline to act as attorney,counselor or psychotherapist for either party during or after the mediationor divorce proceedings unless the subsequent representation, counseling ortreatment is clearly distinct from the mediation issues.
History: L. 1985, ch. 147, § 3;L. 1986, ch. 138, § 4; July 1.
