5-512.Confidentiality of proceedings.
(a) All verbal or written information transmitted between any party to a
dispute and a neutral person conducting a proceeding under the dispute
resolution act or the staff of an approved program shall be confidential
communications. No admission, representation or statement made in the
proceeding shall be admissible as evidence or subject to discovery. A neutral
person conducting a proceeding under the dispute resolution act shall not be
subject to process requiring the disclosure of any matter discussed during the
proceedings unless all the parties consent to a waiver. Any party and
the neutral person conducting the proceeding,
participating in the proceeding
has a privilege in any action to refuse to disclose, and to prevent a witness
from disclosing, any communication made in the course of the proceeding. The
privilege may be claimed by the party or the neutral person or anyone
the party or the neutral person authorized to claim
the privilege.
(b) The confidentiality and privilege requirements of this section shall
not apply to:
(1) Information that is reasonably necessary to allow investigation of or
action for ethical violations against the neutral person conducting the
proceeding or for the defense of the neutral person or staff of an approved
program conducting the proceeding in an action against the neutral person or
staff of an approved program if the action is filed by a party to the
proceeding;
(2) any information that the neutral person conducting the proceeding is
required to report under
K.S.A. 2009 Supp.
38-2223, and
amendments thereto;
(3) any information that is reasonably necessary to stop the commission of
an ongoing crime or fraud or to prevent the commission of a crime or fraud in
the future for which there was an expressed intent to commit such crime or
fraud;
(4) any information that the neutral person conducting the proceeding is
required to report or communicate under the specific provisions of any statute
or in order to comply with orders of a court; or
(5) any report to the court that a party has issued a threat of physical
violence
against a party, a party's dependent or family member, the mediator or an
officer or employee of the court with the apparent intention of carrying out
such 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.
5-512.Confidentiality of proceedings.
(a) All verbal or written information transmitted between any party to a
dispute and a neutral person conducting a proceeding under the dispute
resolution act or the staff of an approved program shall be confidential
communications. No admission, representation or statement made in the
proceeding shall be admissible as evidence or subject to discovery. A neutral
person conducting a proceeding under the dispute resolution act shall not be
subject to process requiring the disclosure of any matter discussed during the
proceedings unless all the parties consent to a waiver. Any party and
the neutral person conducting the proceeding,
participating in the proceeding
has a privilege in any action to refuse to disclose, and to prevent a witness
from disclosing, any communication made in the course of the proceeding. The
privilege may be claimed by the party or the neutral person or anyone
the party or the neutral person authorized to claim
the privilege.
(b) The confidentiality and privilege requirements of this section shall
not apply to:
(1) Information that is reasonably necessary to allow investigation of or
action for ethical violations against the neutral person conducting the
proceeding or for the defense of the neutral person or staff of an approved
program conducting the proceeding in an action against the neutral person or
staff of an approved program if the action is filed by a party to the
proceeding;
(2) any information that the neutral person conducting the proceeding is
required to report under
K.S.A. 2009 Supp.
38-2223, and
amendments thereto;
(3) any information that is reasonably necessary to stop the commission of
an ongoing crime or fraud or to prevent the commission of a crime or fraud in
the future for which there was an expressed intent to commit such crime or
fraud;
(4) any information that the neutral person conducting the proceeding is
required to report or communicate under the specific provisions of any statute
or in order to comply with orders of a court; or
(5) any report to the court that a party has issued a threat of physical
violence
against a party, a party's dependent or family member, the mediator or an
officer or employee of the court with the apparent intention of carrying out
such 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.
5-512.Confidentiality of proceedings.
(a) All verbal or written information transmitted between any party to a
dispute and a neutral person conducting a proceeding under the dispute
resolution act or the staff of an approved program shall be confidential
communications. No admission, representation or statement made in the
proceeding shall be admissible as evidence or subject to discovery. A neutral
person conducting a proceeding under the dispute resolution act shall not be
subject to process requiring the disclosure of any matter discussed during the
proceedings unless all the parties consent to a waiver. Any party and
the neutral person conducting the proceeding,
participating in the proceeding
has a privilege in any action to refuse to disclose, and to prevent a witness
from disclosing, any communication made in the course of the proceeding. The
privilege may be claimed by the party or the neutral person or anyone
the party or the neutral person authorized to claim
the privilege.
(b) The confidentiality and privilege requirements of this section shall
not apply to:
(1) Information that is reasonably necessary to allow investigation of or
action for ethical violations against the neutral person conducting the
proceeding or for the defense of the neutral person or staff of an approved
program conducting the proceeding in an action against the neutral person or
staff of an approved program if the action is filed by a party to the
proceeding;
(2) any information that the neutral person conducting the proceeding is
required to report under
K.S.A. 2009 Supp.
38-2223, and
amendments thereto;
(3) any information that is reasonably necessary to stop the commission of
an ongoing crime or fraud or to prevent the commission of a crime or fraud in
the future for which there was an expressed intent to commit such crime or
fraud;
(4) any information that the neutral person conducting the proceeding is
required to report or communicate under the specific provisions of any statute
or in order to comply with orders of a court; or
(5) any report to the court that a party has issued a threat of physical
violence
against a party, a party's dependent or family member, the mediator or an
officer or employee of the court with the apparent intention of carrying out
such 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.