60-452a. Dispute resolution; confidentiality. - Kansas Statutes

60-452a

Chapter 60.--PROCEDURE, CIVIL Article 4.--RULES OF EVIDENCE

      60-452a.   Dispute resolution;confidentiality.(a) All verbal or written information transmitted between any party to adispute and a neutral person conducting the proceeding, or the staff of anapproved program under K.S.A. 5-501 et seq. and amendments theretoshall be confidential communications. No admission, representation orstatement made in the proceeding shall be admissible as evidence or subject todiscovery. A neutral person shall not be subject to process requiring thedisclosure of any matter discussed during the proceedings unless all theparties consent to a waiver. Any party and the neutral person or staff of anapproved program conducting the proceeding, participating in the proceeding hasa privilege in any action to refuse to disclose, and to prevent a witness fromdisclosing, any communication made in the course of the proceeding. Theprivilege may be claimed by the party or the neutral person or anyone the partyor the neutral person authorizes to claim the privilege.

      (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 neutral person is required to report underK.S.A. 2009 Supp.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 neutral person is required to report orcommunicate under the specific provisions of any statute or in order to complywith orders of the court; or

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

      History:   L. 1984, ch. 212, § 1;L. 1996, ch. 129, § 4;L. 1999, ch. 157, § 3;L. 2006, ch. 200, § 106; Jan. 1, 2007.