Kansas Statutes Annotated

K.S.A. § 60-452a (2026)

Dispute resolution; confidentiality

✓ current as of May 2026

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

60-452a. Dispute resolution; confidentiality. (a) All verbal or written information transmitted between any party to a dispute and a neutral person conducting the proceeding, or the staff of an approved program under K.S.A. 5-501 et seq., and amendments thereto, 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 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 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 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 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 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 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 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 mediator or an officer or employee of the court with the apparent intention of carrying out such threat.

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

Notes of Decisions

Cited in 2 cases, 2000–2013 · leading case: In Re Roth, 7 P.3d 241 (Kan. 2000).

Sort: Relevance Newest Treatment

In Re Roth, 7 P.3d 241 (Kan. 2000). · cites it 3× “K.S.A. 60-452a, in effect at the time the mediation was conducted in 1995, provided: “(a) If parties to a dispute agree to submit their dispute to any forum for mediation, conciliation or arbitration and all parties so agree in writing, no person who serves as mediator,…”

Baraban v. Hammonds, 312 P.3d 373 (Kan. Ct. App. 2013). · cites it 8× “But K.S.A. 2012 Supp. 60-452a gives all parties involved in mediation a privilege to prevent anyone from disclosing “any communication” made during mediation, and the Barabans objected to the mediator’s testimony at the hearing.”

— K.S.A. § 60-452a(b) — 1 case

Baraban v. Hammonds, 312 P.3d 373 (Kan. Ct. App. 2013). “But K.S.A. 2012 Supp. 60-452a gives all parties involved in mediation a privilege to prevent anyone from disclosing “any communication” made during mediation, and the Barabans objected to the mediator’s testimony at the hearing.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.