OAR 137-001-0005: Definitions

For the purposes of OAR 137-001-0005 to 137-005-0070, unless otherwise defined therein, the words and phrases used in these rules have the same meaning as given to them in ORS 183.310 and: (1) “Consensus” means a decision developed by a collaborative DR process that each participant can accept; (2) “Convenor” means a person who aids in identifying appropriate issues and members for a collaborative rulemaking committee to develop a proposed rule, or who aids in identifying issues and participants for a collaborative dispute resolution process; (3) “Collaborative dispute resolution process” or “collaborative DR process” means any process by which a collaborative dispute resolution provider assists the participants in working together to develop a mutually acceptable resolution to a controversy. A collaborative DR process does not include: (a) Contested case hearings; or (b) Meetings, outside of a collaborative rulemaking process, in which a facilitator is used solely to lead an orderly meeting, manage an agenda or assist the group in accomplishing tasks and the facilitator is not attempting to resolve a controversy by developing consensus among the participants. (4) “Collaborative dispute resolution provider” or “collaborative DR provider” means an individual who assists the participants in a dispute resolution process to work together to develop a mutually acceptable resolution to a controversy. The collaborative DR provider may function as a mediator, facilitator, convenor, neutral fact-finder or other neutral. Arbitrators, investigators, customer service representatives and ombudspersons are not considered collaborative dispute resolution providers. (5) “Disputants” means agencies, persons or entities, or their representatives, who have a direct interest in a controversy and does not include a collaborative DR provider or person involved only as a witness. (6) “Mediation” means a process in which a collaborative DR provider assists two or more disputants in reaching a mutually acceptable resolution of the controversy. Mediation may also include facilitation or other processes in which a facilitator or other collaborative DR provider encourages and fosters discussions and negotiations aimed at reaching consensus among process participants. (7) “Neutral fact-finder” means a third party who assists with the resolution of a controversy by conducting an investigation of critical facts and rendering non-binding, advisory findings. (8) “Participants” means agencies, persons or entities involved in a dispute resolution proceeding, other than a collaborative DR provider or witness. (9) “Agreement to collaborate” means the agreement specified in OAR 137-005-0030.