(b) The dispute resolution act shall apply to registered and approved programs and individuals, and personnel thereof, to parties to dispute resolution being conducted by registered programs and individuals, and to disputes referred by a court, by state government or as otherwise provided by statute to dispute resolution other than litigation. The dispute resolution act shall not apply to any judge acting in an official capacity.
History: L. 1994, ch. 217, § 1; L. 1996, ch. 140, § 1; L. 2001, ch. 173, § 1; July 1.
(a) "Registered programs" and "registered individuals" refer to those programs and individuals who have registered with the director of dispute resolution and are eligible to apply for public funding or approval from the director of dispute resolution;
(b) "approval" means the program or individual has applied for inclusion on a list of programs and individuals and has been found to have met the requirements and guidelines to be considered for the receipt of public funding or to be recommended to the court as an approved service provider.
(c) "council" means the advisory council on dispute resolution;
(d) "director" means the director of dispute resolution;
(e) "dispute resolution" means a process by which the parties involved in a dispute voluntarily agree or are referred or ordered by a court to enter into discussion and negotiation with the assistance of a neutral person;
(f) "mediation" means the intervention into a dispute by a third party who has no decision making authority, is impartial to the issues being discussed, assists the parties in defining the issues in dispute, facilitates communication between the parties and assists the parties in reaching resolution;
(g) "arbitration" means a proceeding in which a neutral person or panel hears a formal case presentation and makes an award, which can be binding or nonbinding upon the parties relative to a prior agreement;
(h) "neutral evaluation" means a proceeding conducted by a neutral person who helps facilitate settlement of a case by giving the parties to the dispute an evaluation of the case;
(i) "summary jury trial" means a formal case presentation to a jury and judge which results in a nonbinding decision;
(j) "mini trial" means a formal case presentation to a party representative and an expert neutral person who makes a nonbinding decision;
(k) "settlement" means a proceeding in which someone other than the presiding judge assists the parties in reaching a resolution;
(l) "conciliation" means a proceeding in which a neutral person assists the parties in reconciliation efforts;
(m) "neutral person" or "neutral" means the impartial third party who intervenes in a dispute at the request of the parties or the court in order to help facilitate settlement or resolution of a dispute.
History: L. 1994, ch. 217, § 2; L. 1996, ch. 140, § 2; July 1.
History: L. 1994, ch. 217, § 3; L. 1996, ch. 140, § 3; July 1.
(b) The initial members of the council shall be appointed for terms of one, two or three years so that the terms of not more than four voting members shall expire during the same calendar year. All successor appointments shall be made for terms of three years. Any vacancy on the council shall be filled in the same manner in which the original appointment was made and for the duration of the term vacated.
(c) The council annually shall elect a chairperson, a vice-chairperson and such other officers as deemed necessary by the council.
History: L. 1994, ch. 217, § 4; L. 1996, ch. 140, § 4; July 1.
(1) Advise the director on the administration of the dispute resolution act and on policy development therefor;
(2) assist the director in providing technical assistance to programs, individuals and other entities, including courts, requesting the study and development of dispute resolution programs;
(3) consult with appropriate and necessary state agencies and offices to promote a cooperative and comprehensive implementation of the dispute resolution act;
(4) advise the director with respect to the awarding of grants or any other financial assistance program which is administered under the dispute resolution act;
(5) advise the director with respect to applications submitted by programs and individuals for approval under K.S.A. 5-507, and amendments thereto;
(6) assist the director with the review, supervision and evaluation of dispute resolution programs; and
(7) make recommendations to the director pertaining to legislation affecting dispute resolution.
(b) The council shall meet at least four times per year and at other times deemed necessary to perform its functions. Members of the council attending meetings of the council or attending a subcommittee meeting thereof authorized by the council shall receive amounts provided for in subsection (e) of K.S.A. 75-3223 and amendments thereto.
(c) The council may appoint subcommittees of the council and task forces to carry out its work. Subcommittee and task force members shall have knowledge of, responsibility for, or interest in an area related to the duties of the council assigned to the subcommittee or task force.
History: L. 1994, ch. 217, § 5; L. 1996, ch. 140, § 5; July 1.
(1) Make information on dispute resolution available throughout the state and encourage the development of new programs;
(2) approve programs and individuals which meet requirements and guidelines for approval which are prescribed by the dispute resolution act or by rules of the supreme court adopted pursuant to the dispute resolution act;
(3) develop and administer a uniform system of reporting and collecting statistical data from approved programs and individuals;
(4) develop and administer a uniform system of evaluating approved programs and individuals for compliance with the requirements of the dispute resolution act and the rules of the supreme court adopted pursuant to the dispute resolution act;
(5) prepare an annual budget for the implementation and administration of the dispute resolution act and disburse funds to approved programs and individuals;
(6) develop guidelines for a sliding scale of fees that may be charged by approved programs and individuals;
(7) develop and approve curricula and initiate training sessions for neutral persons and staff of registered programs, registered individuals and of courts, including continuing education programs;
(8) establish and approve volunteer training and continuing education programs;
(9) promote public awareness of the dispute resolution process;
(10) apply for and receive funds from public and private sources for carrying out the purposes and objectives of the dispute resolution act; and
(11) provide technical assistance to any program, individual and other entities, including courts, requesting the study and development of dispute resolution programs.
(b) The director shall report annually to the supreme court, the governor and the legislature on the implementation of the dispute resolution act. The report shall include, but not be limited to, information on types of disputes being handled by registered programs and registered individuals, recommendations to address problems, recommendations for program development, statistics concerning numbers and resolutions of disputes, when available, and any other information available which is relevant to achieving the goals of the dispute resolution act.
History: L. 1994, ch. 217, § 6; L. 1996, ch. 140, § 6; July 1.
(1) A plan for the operation of the program or service;
(2) the program or individual's objectives;
(3) the areas of population to be served;
(4) the administrative organization of the program or service;
(5) recordkeeping procedures;
(6) the procedures for client intake and for scheduling, conducting and terminating dispute resolution sessions;
(7) qualifications for neutral persons for the program;
(8) an annual budget for the program; and
(9) such additional criteria for approval or for grants which are prescribed by the director in accordance with the dispute resolution act or by rules of the supreme court adopted pursuant to the dispute resolution act.
(b) The director shall approve or disapprove each application submitted for approval under this section by the end of the second meeting of the advisory council occurring after the date the application was submitted.
(c) Each approved program shall submit an annual report to the director. The reports shall include the number and types of cases handled in the year and a showing of continued compliance with the dispute resolution act.
(d) Any entities, programs or individuals providing dispute resolution services and existing on July 1, 1994, shall not be approved under the dispute resolution act unless such entities apply and are approved under this section.
History: L. 1994, ch. 217, § 7; L. 1996, ch. 140, § 7; July 1.
History: L. 1994, ch. 217, § 8; L. 1996, ch. 140, § 8; July 1.
(b) If a court refers a case, information shall be provided to the court as to whether an agreement was reached and, if available, a copy of the signed agreement shall be provided to the court.
(c) Before the dispute resolution process begins, the neutral person conducting the process shall provide the parties with a written statement setting forth the procedures to be followed.
History: L. 1994, ch. 217, § 9; L. 1996, ch. 140, § 9; L. 2000, ch. 171, § 1; L. 2001, ch. 173, § 2; July 1.
(b) Registered and approved programs and individuals shall comply with the ethics requirements and standards and the annual continuing education requirements which are prescribed by the director in accordance with the dispute resolution act or by rules of the supreme court adopted pursuant to the dispute resolution act.
(c) Services provided by approved programs or individuals may be compensated or provided on a volunteer basis.
History: L. 1994, ch. 217, § 10; L. 1996, ch. 140, § 10; July 1.
History: L. 1994, ch. 217, § 11; L. 1996, ch. 140, § 11; July 1.
(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 conducting the proceeding is required to report under K.S.A. 2007 Supp. 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.
History: L. 1994, ch. 217, § 12; L. 1996, ch. 140, § 12; L. 1999, ch. 157, § 1; L. 2006, ch. 200, § 79; Jan. 1, 2007.
History: L. 1994, ch. 217, § 13; L. 1996, ch. 140, § 13; July 1.
History: L. 1994, ch. 217, § 14; July 1.
History: L. 1994, ch. 217, § 15; L. 1996, ch. 140, § 14; July 1.
History: L. 1994, ch. 217, § 16; L. 1996, ch. 140, § 15; July 1.
History: L. 1994, ch. 217, § 17; L. 1996, ch. 140, § 16; July 1.
(b) Upon a finding that a party to a dispute has acted in bad faith by deliberately and intentionally avoiding mediation, the court may order such party to pay the reasonable attorney fees of the other party or parties which are directly related to the mediation.
History: L. 2001, ch. 173, § 3; July 1.