Oregon · statute · Or. Rev. Stat. ch. 36 · 127 active provisions
It is the policy and purpose of ORS 36.100 to 36.238 that, when two or more persons cannot settle a dispute directly between themselves, it is preferable that the disputants be encouraged and assisted to resolve their dispute with the assistance of a trusted and competent third party mediator, whenever possible, rather…
The Legislative Assembly declares that it is the purpose of ORS 36.100 to 36.238 to: (1) Foster the development of community-based programs that will assist citizens in resolving disputes and developing skills in conflict resolution; (2) Allow flexible and diverse programs to be developed in this state, to meet specifi…
As used in ORS 36.100 to 36.238: (1) “Arbitration” means any arbitration whether or not administered by a permanent arbitral institution. (2) “Dean” means the Dean of the University of Oregon School of Law. (3) “Dispute resolution program” means an entity that receives a grant under ORS 36.155 to provide dispute resolu…
The Dean of the University of Oregon School of Law shall periodically review dispute resolution programs in this state. If the dean determines that there are reasonable grounds to believe that a program is not in substantial compliance with the standards and guidelines adopted under ORS 36.175, the dean may suspend or…
The Dispute Resolution Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received under ORS 36.150 shall be deposited to the credit of the account. Notwithstanding the provisions of ORS 291.238, all moneys in the account are continuously appropriated to the University…
Portland State University, on behalf of the Mark O. Hatfield School of Government and the University of Oregon, on behalf of the University of Oregon School of Law, may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of encouraging, promoting…
The Dean of the University of Oregon School of Law shall award grants for the purpose of providing dispute resolution services in counties. Grants under this section shall be made from funds allocated to the University of Oregon on behalf of the University of Oregon School of Law for distribution under this section. Th…
(1) To qualify for a grant under ORS 36.155, a county shall notify the Dean of the University of Oregon School of Law in accordance with the schedule established by rule by the dean. Such notification shall be by resolution of the appropriate board of county commissioners or, if the programs are to serve more than one…
(1) Any county that receives a grant under ORS 36.155 may terminate its participation at the end of any month by delivering a resolution of its board of commissioners to the Dean of the University of Oregon School of Law not less than 180 days before the termination date. (2) If a county terminates its participation un…
(1) The Dean of the University of Oregon School of Law shall adopt by rule: (a) Standards and guidelines for dispute resolution programs receiving grants under ORS 36.155; (b) Minimum reporting requirements for dispute resolution programs receiving grants under ORS 36.155; (c) Methods for evaluating dispute resolution…
The Mark O. Hatfield School of Government shall establish and operate a program to provide mediation and other alternative dispute resolution services to public bodies, as defined by ORS 174.109, and to persons who have disputes with public bodies, as defined by ORS 174.109.
After the appearance by all parties in any civil action, except proceedings under ORS 107.700 to 107.735, 124.005 to 124.040 or 163.760 to 163.777, a judge of any circuit court may refer a civil dispute to mediation under the terms and conditions set forth in ORS 36.185 to 36.210. When a party to a case files a written…
(1) On written stipulation of all parties at any time prior to trial, the parties may elect to mediate their civil dispute under the terms and conditions of ORS 36.185 to 36.210. (2) Upon referral or election to mediate, the parties shall select a mediator by written stipulation or shall follow procedures for assignmen…
(1) Unless otherwise agreed to in writing by the parties, the parties’ legal counsel shall not be present at any scheduled mediation sessions conducted under the provisions of ORS 36.100 to 36.175. (2) Attorneys and other persons who are not parties to a mediation may be included in mediation discussions at the mediato…
(1) A circuit court providing mediation referral under ORS 36.185 to 36.210 shall establish mediation panels. The mediators on such panels shall have such qualifications as established by rules adopted under ORS 1.002. Formal education in any particular field shall not be a prerequisite to serving as a mediator. (2) Un…
(1) Mediators, mediation programs and dispute resolution programs are not civilly liable for any act or omission done or made while engaged in efforts to assist or facilitate a mediation or in providing other dispute resolution services, unless the act or omission was made or done in bad faith, with malicious intent or…
(1) Except as provided in ORS 36.220 to 36.238: (a) Mediation communications are confidential and may not be disclosed to any other person. (b) The parties to a mediation may agree in writing that all or part of the mediation communications are not confidential. (2) Except as provided in ORS 36.220 to 36.238: (a) The t…
(1) Except as provided in ORS 36.220 to 36.238, mediation communications and mediation agreements that are confidential under ORS 36.220 to 36.238 are not admissible as evidence in any subsequent adjudicatory proceeding, and may not be disclosed by the parties or the mediator in any subsequent adjudicatory proceeding.…
(1) Except as provided in this section, mediation communications in mediations in which a state agency is a party, or in which a state agency is mediating a dispute as to which the state agency has regulatory authority, are not confidential and may be disclosed or admitted as evidence in subsequent adjudicatory proceed…
(1) Except as provided in subsection (2) of this section, mediation communications in mediations in which a public body other than a state agency is a party are confidential and may not be disclosed or admitted as evidence in subsequent adjudicatory proceedings, as described in ORS 36.222 (7). (2) A public body other t…
(1) Notwithstanding any other provision of ORS 36.220 to 36.238, if the only parties to a mediation are public bodies, mediation communications and mediation agreements in the mediation are not confidential except to the extent those communications or agreements are exempt from disclosure under ORS 192.311 to 192.478.…
(1) Except as provided in this section, mediation agreements are not confidential if a public body is a party to the mediation or if the mediation is one in which a state agency is mediating a dispute as to which the state agency has regulatory authority. (2) If a public body is a party to a mediation agreement, any pr…
(1) If a public body conducts or makes available a mediation, ORS 36.220 to 36.238 do not limit the ability of the mediator to report the disposition of the mediation to that public body at the conclusion of the mediation proceeding. The report made by a mediator to a public body under this subsection may not disclose…
For the purposes of ORS 36.220 to 36.238, a person, state agency or other public body is a party to a mediation if the person or public body participates in a mediation and has a direct interest in the controversy that is the subject of the mediation. A person or public body is not a party to a mediation solely because…
(1) Nothing in ORS 36.220 to 36.238 affects any confidentiality created by other law, including but not limited to confidentiality created by ORS 107.755 to 107.795. (2) Nothing in ORS 36.220 to 36.238 relieves a public body from complying with ORS 192.610 to 192.705.