Chapter 36 — Chapter 36

ORS 36.100 Policy for ORS 36.100 to 36.238. 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 than the dispute remaining unresolved or resulting in litigation. [1989 c.718 §1; 2003 c.791 §9]

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ORS 36.105 Declaration of purpose of ORS 36.100 to 36.238. The Legislative Assembly declares that it is the purpose of ORS 36.100 to 36.238 to

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ORS 36.110 Definitions for ORS 36.100 to 36.238. As used in ORS 36.100 to 36.238

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ORS 36.115 [1989 c.718 §4; 1991 c.538 §1; repealed by 2003 c.791 §33]

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ORS 36.120 [1989 c.718 §5; repealed by 2003 c.791 §33]

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ORS 36.125 [1989 c.718 §6; repealed by 2003 c.791 §33]

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ORS 36.130 [1989 c.718 §7; repealed by 2003 c.791 §33]

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ORS 36.135 Review of dispute resolution programs; suspension or termination of funding. 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 terminate the funding of the program under ORS 36.155 and recover any unexpended funds or improperly expended funds from the program. [1989 c.718 §8; 1995 c.781 §31; 2003 c.791 §12; 2005 c.817 §4]

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ORS 36.140 [1989 c.718 §9; repealed by 2003 c.791 §33]

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ORS 36.145 Dispute Resolution Account. 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 of Oregon or Portland State University for the purposes for which the moneys were made available and shall be expended in accordance with the terms and conditions upon which the moneys were made available. [1989 c.718 §10; 1997 c.801 §44; 2003 c.791 §§13,13a; 2005 c.817 §4a; 2009 c.762 §42; 2013 c.768 §103]

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ORS 36.150 Additional funding. 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 or establishing dispute resolution programs in Oregon or to facilitate and assist the schools in carrying out the responsibilities of the schools under ORS 36.100 to 36.238 and 183.502. All moneys received by the University of Oregon and Portland State University under this section shall be deposited in the Dispute Resolution Account. [1989 c.718 §11; 2003 c.791 §15; 2005 c.817 §4b; 2009 c.762 §43; 2013 c.768 §104]

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ORS 36.155 Grants for dispute resolution services in counties; rules. 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. The Board of Trustees of the University of Oregon may adopt standards for the operation of the grant program. [1989 c.718 §12; 1991 c.538 §2; 1997 c.801 §41; 2001 c.581 §1; 2003 c.791 §16; 2005 c.817 §4c; 2009 c.762 §44; 2013 c.768 §105]

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ORS 36.160 Participation by counties; notice; contents; effect of failure to give notice. (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 county, by joint resolution. A county providing notice may select the dispute resolution programs to receive grants under ORS 36.155 for providing dispute resolution services within the county from among qualified dispute resolution programs

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ORS 36.165 Termination of county participation. (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

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ORS 36.170 [1989 c.718 §15; 1991 c.538 §4; 1991 c.790 §4; 1995 c.664 §77; 1995 c.666 §12; 1997 c.801 §§38,39; 2003 c.791 §18a; 2005 c.817 §4f; 2007 c.860 §26; 2009 c.659 §§18,19; 2010 c.107 §§36,37,38; repealed by 2011 c.595 §107]

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ORS 36.175 Rules for administration of dispute resolution programs. (1) The Dean of the University of Oregon School of Law shall adopt by rule

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ORS 36.179 Mediation and other alternative dispute resolution services for public bodies. 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. [2005 c.817 §11]

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ORS 36.180 [1989 c.718 §18; repealed by 2003 c.791 §33]

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ORS 36.185 Referral of civil dispute to mediation; objection; information to parties. 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 objection to mediation with the court, the action shall be removed from mediation and proceed in a normal fashion. All civil disputants shall be provided with written information describing the mediation process, as provided or approved by the State Court Administrator, along with information on established court mediation opportunities. Filing parties shall be provided with this information at the time of filing a civil action. Responding parties shall be provided with this information by the filing party along with the initial service of filing documents upon the responding party. [1989 c.718 §19; 1993 c.327 §1; 1995 c.666 §13; 2003 c.791 §20; 2013 c.687 §12]

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ORS 36.190 Stipulation to mediation; selection of mediator; stay of proceedings. (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

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ORS 36.195 Presence of attorney; authority and duties of mediator; notice to court at completion of mediation. (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

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ORS 36.200 Mediation panels; qualification; procedure for selecting mediator. (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

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ORS 36.205 [1989 c.718 §23; 1995 c.678 §1; repealed by 1997 c.670 §15]

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ORS 36.210 Liability of mediators and programs. (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 in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another

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ORS 36.220 Confidentiality of mediation communications and agreements; exceptions. (1) Except as provided in ORS 36.220 to 36.238

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ORS 36.222 Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings. (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

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ORS 36.224 State agencies; confidentiality of mediation communications; rules. (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 proceedings, as described in ORS 36.222 (7)

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ORS 36.226 Public bodies other than state agencies; confidentiality of mediation communications. (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)

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ORS 36.228 Mediations in which two or more public bodies are parties. (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. Mediation of workplace interpersonal disputes between employees of a public body is not subject to this subsection

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ORS 36.230 Public bodies; confidentiality of mediation agreements. (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

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ORS 36.232 Disclosures allowed for reporting, research, training and educational purposes. (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 specific confidential mediation communications made in the mediation

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ORS 36.234 Parties to mediation. 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 the person or public body is conducting the mediation, is making the mediation available or is serving as an information resource at the mediation. [1997 c.670 §7]

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ORS 36.236 Effect on other laws. (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

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ORS 36.238 Application of ORS 36.210 and 36.220 to 36.238. The provisions of ORS 36.210 and 36.220 to 36.238 apply to

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ORS 36.245 [1997 c.706 §2; repealed by 2003 c.791 §33]

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ORS 36.250 [1989 c.967 §2; 2001 c.104 §9; 2005 c.657 §3; 2009 c.294 §2; repealed by 2015 c.202 §1]

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ORS 36.252 Agricultural mediation services coordinated by State Department of Agriculture; rules. (1) The State Department of Agriculture shall coordinate agricultural mediation services for disputes directly related to activities of the department and agricultural issues under the jurisdiction of the department

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ORS 36.254 Contracts for mediation services. (1) The agricultural mediation service coordinator serving under ORS 36.252 shall contract with one or more providers of agricultural mediation services to provide impartial mediators who are knowledgeable in agriculture and financial matters

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ORS 36.256 Request for mediation services. (1) The State Department of Agriculture may accept a request for mediation under ORS 36.252 to 36.268 of a dispute directly related to activities of the department or agricultural issues under the jurisdiction of the department from

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ORS 36.258 Duties of mediator. In carrying out mediation under ORS 36.252 to 36.268, a mediator shall

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ORS 36.260 Mediation agreement. (1) If an agreement is reached between the parties in a mediation under ORS 36.252 to 36.268, the parties shall sign a written mediation agreement

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ORS 36.262 Confidentiality of mediation materials. (1) For purposes of a mediation under ORS 36.252 to 36.268, all memoranda, work products and other materials contained in the case files of a mediator, an agricultural mediation service provider or the State Department of Agriculture are confidential. Any communication made in, or in connection with, the mediation that relates to the dispute being mediated, whether made to the mediator or a party, or to any other person if made at a mediation session, is confidential. However, a mediation agreement entered into under ORS 36.260 is not confidential unless the parties otherwise agree in writing

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ORS 36.264 Civil immunity for mediators and mediation service providers. Mediators and agricultural mediation service providers are immune from civil liability for, or resulting from, any act or omission done or made while engaged in efforts to assist or facilitate a mediation under ORS 36.252 to 36.268, unless the act or omission was made or done in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another. [1989 c.967 §9; 2015 c.202 §8]

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ORS 36.266 Suspension of court proceedings during mediation; dismissal of action. (1) During the pendency of any action between parties to a mediation under ORS 36.252 to 36.268, the court may, upon stipulation by all parties, enter an order suspending the action

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ORS 36.268 Provision of mediation services contingent on funding. The duty of the State Department of Agriculture and the Director of Agriculture to provide mediation services under ORS 36.252 to 36.268 is contingent upon the existence and the level of funding specifically made available to carry out that duty. Should continuation of mediation services be threatened for lack of funding, the department shall proceed with all diligence to secure additional funds, including but not limited to requesting an additional allocation of funds from the Emergency Board. [1993 c.163 §2]

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ORS 36.270 [1995 c.277 §5; repealed by 2015 c.202 §1]

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ORS 36.280 Mediation of disputes related to interference with farming practices. (1) If a person that is engaged in a farming practice, as defined in ORS 30.930, has a reasonable belief that the planting, growing or harvesting of an agricultural or horticultural commodity on nearby land might interfere with or is interfering with the farming practice, and the person responsible for the planting, growing or harvesting disputes that it might interfere with or is interfering with the farming practice, the State Department of Agriculture shall, if requested by either party to the dispute

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ORS 36.283 Confidentiality of mediation communications and agreement. (1) A mediation described in ORS 36.280 (1) is subject to ORS 36.220

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ORS 36.300 [Formerly 33.210; repealed by 2003 c.598 §57]

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ORS 36.305 [Formerly 33.220; repealed by 2003 c.598 §57]

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