44-817. Mediators; appointment; functions; compensation; confidentiality.
44-817
44-817. Mediators; appointment; functions;compensation; confidentiality.(a) The secretary of labor shall have power toappoint anycompetent,impartial, disinterested person to act as mediator in any labor disputeeither upon the secretary's own initiative or upon therequest of one of theparties to the dispute. It shall be the function of such mediator to bringthe parties together voluntarily under such favorable auspices as will tendto effectuate settlement of the dispute, but neither the mediator nor thesecretary of labor shall have any power ofcompulsion in mediationproceedings. The secretary of labor or thesecretary'sdesignee shallbeauthorized to charge fees to the parties for mediation, conflict resolutionservices or training programs contracted for to be provided by the agency andshallprescribe reasonable rules of procedure for such mediators. The costs forsuch mediation services shall be allocated by the secretary or the secretary'sdesignee.
(b) 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 beconfidentialcommunications. Noadmission,representation or statement made in the 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.
(c) 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.
History: L. 1955, ch. 252, § 7; L. 1976, ch. 370, § 81;L. 1996, ch. 129, § 3;L. 2001, ch. 173, § 4;L. 2004, ch. 179, § 79;L. 2006, ch. 200, § 102; Jan. 1, 2007.