OAR 603-075-0035: Confidentiality of Mediation and Materials used in Mediation

(1) All mediations conducted are subject to the confidentiality requirements set forth in ORS 36.262 or ORS 36.283. In addition, except as provided in subsection (3), all memoranda, work products, and other materials contained in the case files of a mediator, a mediation service provider, or the Department, that are created for, or used in a mediation are confidential and not subject to disclosure consistent with ORS 192.345(16). (2) Breach of confidentiality by a mediator or mediation service provider shall be cause for revocation of a mediator’s approval or cancellation of a mediation services’ contract; and may be subject to civil penalties. (3) A mediation agreement reached between the parties is not confidential unless the parties otherwise agree in writing.