SLR 10-12.013: Mediation of Child Custody and Parenting Time Disputes

(1) It is the court's policy that resolution of family issues through good faith participation in competent, professional mediation is in the interest of both the family and the public. (2) Mediation of custody/parenting time disputes may be commenced at any stage in a civil action by the stipulation of the parties or by the order of the court. The court may order mediation on the motion of either party or on the Court's own motion. For purposes of this rule, civil actions include dissolution of marriage, separation, annulment, filiation, dissolution of domestic partnership, guardianship and such other cases as shall be assigned by the Presiding Judge. (3) The court may decline to hear a contested custody or parenting time issue until and unless the parties have participated in mediation in a good faith attempt to resolve the issues between themselves. A notice from the assigned mediator must be filed with the court stating that the parties have cooperated, and that mediation has nevertheless not resulted in an agreement before trial or hearing on the merits will be calendared. Page 16 of 22 (4) Parties ordered to mediation shall be referred to the court's Family Mediation Program. (5) Parties may select, by stipulation, a private mediator. The parties shall directly contract with the private mediator and be responsible for payment of the mediator's fees. If private mediation is selected, a written stipulation indicating the name of the mediator shall be filed with the court. Private mediators should have education and experience equivalent to the minimum requirements for membership in the court's family mediation panel. (6) If the parents cannot agree on the amount of support to be paid by one to the other, and they are also in dispute as to custody or parenting time, upon the request of both parents, the mediator may assist in resolving the support issue as well. The mediator shall obtain the court’s permission before proceeding with financial mediation. (7) The mediator may only assist in resolving economic issues to the extent they are related to establishing custody and parenting time arrangements, and subject to ORS 107.765(1). (8) At any point during mediation, the court may approve a custody and parenting time order reflecting the parents' full or partial agreement as to the issues. (9) Mediation shall not be used by any party in bad faith for the purposes of delay or undue influence on other issues. If the court finds at any time that the mediation process is being misused, it may determine that further mediation is inappropriate, have the case removed from the mediation process and impose sanctions, as appropriate. Mediated agreements submitted for the court’s approval must be attached to the proposed judgment. (10) In the event the parties are not successful in mediating the custody or parenting time controversy, the mediator shall notify the court. The matter will be scheduled for hearing as to the remaining unresolved issues, to be held in the same course and with the same priority on the docket as though there had been no mediation.