Rule 906: Definitions

(a)   General. The definitions in subsection (b) apply when the words and phrases defined are used in these rules.

(b)   Definitions.

(1)   “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.

(2)   “Approved individual” means a neutral person whom the director has approved under Rule 911. The term includes an approved mediator, approved domestic conciliator, approved parenting coordinator, and approved case manager.

(3)   “Approved mentor mediator” means a neutral person whom the director has approved under Rule 912.

(4)   “Approved program” means an organization or entity that the director has approved under Rule 913.

(5)   “Case management” means a nonconfidential process in which a court-appointed neutral case manager assists the parties by providing a procedure, other than mediation, that facilitates negotiation of a plan for child custody, residency, or parenting time or in which the case manager makes recommendations to the court under K.S.A. 23-3507.

(6)   “Case manager” means a neutral person who assists the parties through case management or limited case management and meets the qualifications under K.S.A. 23-3508 and Rule 911.

(7)   “CDRE” means continuing dispute resolution education as described in Rule 916.

(8)   “Chairperson” means the person elected as chairperson of the advisory council on dispute resolution under K.S.A. 5-504.

(9)   “Council” means the advisory council on dispute resolution under the Dispute Resolution Act and Rule 1501.

(10)   “Director” means the director of dispute resolution as established by K.S.A. 5-503.

(11)   “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.

(12)   “Dispute Resolution Act” means the Act described in K.S.A. 5-501 et seq.

(13)   “Domestic conciliation” means a nonconfidential process in which a neutral person assists the parties in reconciliation efforts by: improving communication; reconciling differences; and helping the parties develop solutions to a dispute, complaint, or conflict.

(14)   “Domestic conciliator” means a neutral person with no decision-making authority who assists the parties through domestic conciliation and whom the director has approved under Rule 911.

(15)   “Limited case management” is case management that is restricted as to issue and duration under Rule 910(f).

(16)   “Mediation” means a confidential process in which a third party—who has no decision-making authority and 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 a resolution.

(17)   “Mediator” means a neutral person with no decision-making authority who assists the parties in mediation and meets the qualifications under Rule 911 or, in domestic cases, K.S.A. 23-3502.

(18)   “Neutral person” or “neutral” means an impartial third party who intervenes in a dispute at the request of the parties or the court to facilitate settlement or resolution of a dispute.

(19)   “Parenting coordination” means a nonconfidential, child-focused process in which a neutral person assists the parties with implementation of court orders or daily parenting matters through: assessing parties’ parenting skills and the child’s needs; educating the parties regarding the needs of the child; coordinating professional services for the family; and assisting the parties in reducing harmful family conflicts.

(20)   “Parenting coordinator” means a neutral person who assists the parties through parenting coordination and whom the director has approved under Rule 911.

(21)   “Practicum” means a supervised practical application of mediation skills in accordance with Rule 915. The term includes co-mediation and mediation simulation.

[History: New rule adopted effective January 1, 2020.]