(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
(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. 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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.