OAR 180-001-0013: Confidentiality of facilitated dispute resolution communications and agreements

(1) Consistent with ORS 192.472, written records, documents, notes or statements of any kind prepared for or submitted to the Public Records Advocate, prepared by the Advocate and Deputy, or exchange between parties seeking a facilitated dispute resolution are subject to ORS 36.220 to 36.238. (2) For the purposes of this rule: (a) “Facilitated dispute resolution agreement” means an agreement arising out of facilitated dispute resolution, including any term or condition of the agreement. (b) “Facilitated dispute resolution communications” means the same as “mediation communication” for the purposes of these rules and consist of: (A) All communications that are made, in the course of or in connection with facilitated dispute resolution, to the Advocate, the Deputy, and eligible parties; and (B) All memoranda, work product, documents and other materials, including any draft facilitated dispute resolution agreement, that are prepared for or submitted in the course of or in connection with facilitated dispute resolution or by the Advocate, Deputy, or eligible parties. (3) The Office of the Public Records Advocate adopts the Model Rule of Confidentiality and Inadmissibility of Mediation Communications set out in OAR 137-050-0052. (4) Consistent with ORS 36.226(2), if a city is an eligible party to facilitated dispute resolution, the city may adopt a policy that provides that all or part of facilitated dispute resolution communications will not be confidential. If a city adopts such a policy under this subsection, notice of the policy must be provided to all other eligible parties and to the Advocate. If no such policy exists, OAR 137-050-0052 shall apply.