CHAPTER 157
HOUSE BILL No. 2150
An Act concerning dispute resolution; relating to arbitration
and mediation; confidentiality
of proceedings; amending K.S.A. 1998 Supp. 5-512, 23-605 and
60-452a and repealing
the existing sections; also repealing K.S.A.
23-606.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1998 Supp. 5-512
is hereby amended to read as
follows: 5-512. (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, including 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 com-
munication 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 establish a defense for
the neutral person or staff of an approved program
conducting the pro-
ceeding in the case of an action against the neutral person
or staff of an
approved program that is filed by a party to the
proceeding allow inves-
tigation of or action for ethical violations against the neutral
person con-
ducting 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 proceed-
ing is required to report under K.S.A. 38-1522, and amendments
thereto;
(3) any information that is reasonably
necessary to stop the commis-
sion 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; or
(4) any information that the neutral
person conducting the proceed-
ing 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 me-
diator or an officer or employee of the court with the apparent
intention
of carrying out such threat.
Sec. 2. K.S.A. 1998 Supp. 23-605 is
hereby amended to read as fol-
lows: 23-605. (a) A mediator appointed under K.S.A. 23-602 and
amend-
ments thereto shall treat all verbal or written information
transmitted
between any party to a dispute and a mediator conducting the
proceeding,
or the staff of an approved program under K.S.A. 5-501 et
seq. and
amendments thereto as confidential communications. No admission,
rep-
resentation or statement made in the proceeding shall be admissible
as
evidence or subject to discovery. A mediator shall not be subject
to pro-
cess requiring the disclosure of any matter discussed during the
proceed-
ings unless all the parties consent to a waiver. Any party,
including and
the neutral person or staff of an approved program conducting the
pro-
ceeding, participating in the proceeding has a privilege in any
action to
refuse to disclose, and to prevent a witness from disclosing, any
com-
munication 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 authorizes to claim the privilege. A neutral
person con-
ducting the proceeding shall not be subject to process requiring
the dis-
closure of any matter discussed within the proceedings unless all
parties
consent to a waiver.
(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
per-
son or staff of an approved program if the action is filed by a
party to the
proceeding;
(2) any information that the mediator is
required to report under
K.S.A. 38-1522 and amendments thereto;
(3) any information that is reasonably
necessary to stop the commis-
sion 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 mediator is
required to report or com-
municate under the specific provisions of any statute or in order
to comply
with orders of the court; or
(5) a report to the court of
threats of physical violence made by a
party during the proceeding 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.
Sec. 3. K.S.A. 1998 Supp. 60-452a
is hereby amended to read as
follows: 60-452a. (a) All verbal or written information transmitted
be-
tween any party to a dispute and a neutral person conducting the
pro-
ceeding, or the staff of an approved program under K.S.A. 5-501
et seq.
and amendments thereto shall be confidential communications. No
ad-
mission, representation or statement made in the proceeding shall
be
admissible as evidence or subject to discovery. A neutral person
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, including and the neutral person or
staff of an approved program
conducting the proceeding, participating in the proceeding has a
privilege
in any action to refuse to disclose, and to prevent a witness from
disclos-
ing, any communication made in the course of the proceeding. The
priv-
ilege may be claimed by the party or the neutral person or
anyone the
party or the neutral person authorizes to claim the
privilege.
(b) The confidentiality and privilege
requirements of this section shall
not apply to:
(1) Information that is reasonably
necessary to establish a defense for
the neutral person or staff of an approved program
conducting the pro-
ceeding in the case of an action against the neutral person
or staff of an
approved program that is filed by a party to the
mediation allow inves-
tigation of or action for ethical violations against the neutral
person con-
ducting 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 is required to report un-
der K.S.A. 38-1522 and amendments thereto;
(3) any information that is reasonably
necessary to stop the commis-
sion 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; or
(4) any information that the neutral
person is required to report or
communicate under the specific provisions of any statute or in
order to
comply with orders of the 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 me-
diator or an officer or employee of the court with the apparent
intention
of carrying out such threat.
Sec. 4. K.S.A. 23-606 and K.S.A. 1998
Supp. 5-512, 23-605 and 60-
452a are hereby repealed.
Sec. 5. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved May 12, 1999.
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