72-5427.Mediation; request for appointment offact-finding board; timelimitations; memorandum describing issues and final position of parties;confidentiality.(a) Upon findingthat an impasseexists in professional negotiation or upon receipt of a joint notice ofthe existence of impasse filed by the parties under subsection (d) of K.S.A.72-5426 and amendments thereto, the secretary shall appoint a mediator toassist in resolving the impasse, from a listmaintained by the secretary of qualified and impartial individuals whoare representative of the public. To the extent practicable, thesecretary shall utilize the services of the federal mediation andconciliation service for mediation under this section.
(b) The mediator shall meet with the parties or theirrepresentatives, or both, either jointly or separately, and shall takesuch other steps as appropriate in order to assist the parties toresolve the impasse and to proceed with professional negotiation.
(c) If either party determines, after the seven-dayperiod immediately succeeding the appointment of the mediator, that mediationhas failed to resolve the impasse, such party may within 10 daysafter the unsuccessful conclusion of mediationfile a written request with the secretary to appoint afact-finding board to assist in resolving the impasse and the secretaryshall immediatelynotify the other party of the request. Within three days thereafter,each of the parties shall prepare and submit to the secretary a writtenmemorandum containing a description of the issues upon which the impasseexists and shall include therein a specific description of the final positionof the party on each issue.
(d) All verbal or written information transmitted between any party to adisputeand a mediator conducting the proceeding, or the staff of an approved programunder K.S.A. 5-501 et seq. and amendments thereto shall beconfidential communications. No admission, representation or statement made inthe 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, including the 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 anyone the partyauthorizes to claim the privilege.
(e) The confidentiality and privilege requirements of this section shall notapply to:
(1) Information that is reasonably necessary to establish a defense for themediator or staff of an approved program conducting the proceeding in the caseof an action against the mediator or staff of an approved program that is filedby a party to the mediation;
(2) any information that the mediator is required to report under K.S.A. 2009Supp. 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; or
(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.
72-5427.Mediation; request for appointment offact-finding board; timelimitations; memorandum describing issues and final position of parties;confidentiality.(a) Upon findingthat an impasseexists in professional negotiation or upon receipt of a joint notice ofthe existence of impasse filed by the parties under subsection (d) of K.S.A.72-5426 and amendments thereto, the secretary shall appoint a mediator toassist in resolving the impasse, from a listmaintained by the secretary of qualified and impartial individuals whoare representative of the public. To the extent practicable, thesecretary shall utilize the services of the federal mediation andconciliation service for mediation under this section.
(b) The mediator shall meet with the parties or theirrepresentatives, or both, either jointly or separately, and shall takesuch other steps as appropriate in order to assist the parties toresolve the impasse and to proceed with professional negotiation.
(c) If either party determines, after the seven-dayperiod immediately succeeding the appointment of the mediator, that mediationhas failed to resolve the impasse, such party may within 10 daysafter the unsuccessful conclusion of mediationfile a written request with the secretary to appoint afact-finding board to assist in resolving the impasse and the secretaryshall immediatelynotify the other party of the request. Within three days thereafter,each of the parties shall prepare and submit to the secretary a writtenmemorandum containing a description of the issues upon which the impasseexists and shall include therein a specific description of the final positionof the party on each issue.
(d) All verbal or written information transmitted between any party to adisputeand a mediator conducting the proceeding, or the staff of an approved programunder K.S.A. 5-501 et seq. and amendments thereto shall beconfidential communications. No admission, representation or statement made inthe 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, including the 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 anyone the partyauthorizes to claim the privilege.
(e) The confidentiality and privilege requirements of this section shall notapply to:
(1) Information that is reasonably necessary to establish a defense for themediator or staff of an approved program conducting the proceeding in the caseof an action against the mediator or staff of an approved program that is filedby a party to the mediation;
(2) any information that the mediator is required to report under K.S.A. 2009Supp. 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; or
(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.
72-5427.Mediation; request for appointment offact-finding board; timelimitations; memorandum describing issues and final position of parties;confidentiality.(a) Upon findingthat an impasseexists in professional negotiation or upon receipt of a joint notice ofthe existence of impasse filed by the parties under subsection (d) of K.S.A.72-5426 and amendments thereto, the secretary shall appoint a mediator toassist in resolving the impasse, from a listmaintained by the secretary of qualified and impartial individuals whoare representative of the public. To the extent practicable, thesecretary shall utilize the services of the federal mediation andconciliation service for mediation under this section.
(b) The mediator shall meet with the parties or theirrepresentatives, or both, either jointly or separately, and shall takesuch other steps as appropriate in order to assist the parties toresolve the impasse and to proceed with professional negotiation.
(c) If either party determines, after the seven-dayperiod immediately succeeding the appointment of the mediator, that mediationhas failed to resolve the impasse, such party may within 10 daysafter the unsuccessful conclusion of mediationfile a written request with the secretary to appoint afact-finding board to assist in resolving the impasse and the secretaryshall immediatelynotify the other party of the request. Within three days thereafter,each of the parties shall prepare and submit to the secretary a writtenmemorandum containing a description of the issues upon which the impasseexists and shall include therein a specific description of the final positionof the party on each issue.
(d) All verbal or written information transmitted between any party to adisputeand a mediator conducting the proceeding, or the staff of an approved programunder K.S.A. 5-501 et seq. and amendments thereto shall beconfidential communications. No admission, representation or statement made inthe 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, including the 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 anyone the partyauthorizes to claim the privilege.
(e) The confidentiality and privilege requirements of this section shall notapply to:
(1) Information that is reasonably necessary to establish a defense for themediator or staff of an approved program conducting the proceeding in the caseof an action against the mediator or staff of an approved program that is filedby a party to the mediation;
(2) any information that the mediator is required to report under K.S.A. 2009Supp. 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; or
(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.
