23-605.Confidentiality.(a) A mediator appointed under K.S.A. 23-602 and amendments theretoshall treat allverbal or written information transmitted between any party to a disputeand a mediator conducting the proceeding, or the staff of an approved programunder K.S.A. 5-501 et seq. and amendments thereto as confidentialcommunications. No admission,representation or statement made in the proceeding shall be admissible asevidence or subject to discovery. A mediator shall not be subject to processrequiring the disclosure of any matter discussed during the proceedings unlessall the parties consent to a waiver. Any party andthe neutral personor staff of an approved program conducting the proceeding, participating in theproceeding has a privilege in any action to refuse to disclose, and to preventa witness from disclosing, any communication made in the course of theproceeding. The privilege may be claimed by the party or the neutralperson or anyone the party or the neutral personauthorizes to claim the privilege. A neutral person conducting the proceedingshall not be subject to process requiring the disclosure of any matterdiscussed within the proceedings unless all parties consent to a waiver.
(b) The confidentiality and privilege requirements of this section shall notapply 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 mediator is required to report under K.S.A. 2007Supp. 38-2223, and amendments 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 mediator is required to report or communicateunder the specific provisions of any statute or in order to comply with ordersof the 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.
23-605.Confidentiality.(a) A mediator appointed under K.S.A. 23-602 and amendments theretoshall treat allverbal or written information transmitted between any party to a disputeand a mediator conducting the proceeding, or the staff of an approved programunder K.S.A. 5-501 et seq. and amendments thereto as confidentialcommunications. No admission,representation or statement made in the proceeding shall be admissible asevidence or subject to discovery. A mediator shall not be subject to processrequiring the disclosure of any matter discussed during the proceedings unlessall the parties consent to a waiver. Any party andthe neutral personor staff of an approved program conducting the proceeding, participating in theproceeding has a privilege in any action to refuse to disclose, and to preventa witness from disclosing, any communication made in the course of theproceeding. The privilege may be claimed by the party or the neutralperson or anyone the party or the neutral personauthorizes to claim the privilege. A neutral person conducting the proceedingshall not be subject to process requiring the disclosure of any matterdiscussed within the proceedings unless all parties consent to a waiver.
(b) The confidentiality and privilege requirements of this section shall notapply 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 mediator is required to report under K.S.A. 2007Supp. 38-2223, and amendments 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 mediator is required to report or communicateunder the specific provisions of any statute or in order to comply with ordersof the 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.
23-605.Confidentiality.(a) A mediator appointed under K.S.A. 23-602 and amendments theretoshall treat allverbal or written information transmitted between any party to a disputeand a mediator conducting the proceeding, or the staff of an approved programunder K.S.A. 5-501 et seq. and amendments thereto as confidentialcommunications. No admission,representation or statement made in the proceeding shall be admissible asevidence or subject to discovery. A mediator shall not be subject to processrequiring the disclosure of any matter discussed during the proceedings unlessall the parties consent to a waiver. Any party andthe neutral personor staff of an approved program conducting the proceeding, participating in theproceeding has a privilege in any action to refuse to disclose, and to preventa witness from disclosing, any communication made in the course of theproceeding. The privilege may be claimed by the party or the neutralperson or anyone the party or the neutral personauthorizes to claim the privilege. A neutral person conducting the proceedingshall not be subject to process requiring the disclosure of any matterdiscussed within the proceedings unless all parties consent to a waiver.
(b) The confidentiality and privilege requirements of this section shall notapply 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 mediator is required to report under K.S.A. 2007Supp. 38-2223, and amendments 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 mediator is required to report or communicateunder the specific provisions of any statute or in order to comply with ordersof the 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.
