SLR 4-12.025: ALTERNATE MEDIATION PROCEDURE IN CIVIL AND DOMESTIC RELATIONS ACTIONS SUBJECT TO ors 36.400 TO ors 36.425

RELATIONS ACTIONS SUBJECT TO ORS 36.400 TO ORS 36.425 (1) Mediation, as used in these rules, is a facilitated negotiation process in which a neutral third-party assists the parties in attempting to reach a resolution of their controversy. The mediator has no authority to make a decision or impose a solution. (2) On the parties’ written stipulation, filed with the court at any time prior to the commencement of the arbitration hearing, the parties may elect to mediate (pursuant to ORS 36.185 to ORS 36.238) rather than arbitrate any civil or domestic relations case subject to mandatory arbitration under ORS 36.400 to ORS 36.425. Such mediation shall be accomplished within the same time period required for court-annexed arbitration under these rules. If the parties mediate in good faith, they shall be deemed to have met the requirements for ORS 36.400 to ORS 36.425 and SLR 7.016 whether or not the mediation results in resolution of all claims, and shall not thereafter be required to submit to arbitration. Nothing in this rule, however, precludes the parties from entering into arbitration in the event that mediation is unsuccessful in resolving the controversy. Any such request to arbitration after mediation shall be governed by Chapter 13 of these Supplemental Local Rules. (3) If no arbitrator has been selected or assigned at the time of the filing of the stipulation to mediate, the parties select a mediator by stipulation. (4) If an arbitrator has already been assigned at the time of the stipulation to mediate, the arbitrator shall be informed immediately, and shall be compensated, pursuant to UTCR 13.120 and the Supplementary Local Rules, for any time already invested in the case. (5) If the parties select a mediator who is not qualified under the Oregon Judicial Department’s Court-Connected Mediator Qualification Rules, they shall be deemed to have waived any protections under those rules. (6) Unless the parties agree to different compensation, the mediator is to be compensated pursuant to UTCR 13.120, the Supplementary Local Rules, and the hourly rate established by the arbitration commission. (7) If requested by the mediator, the parties shall supply to the mediator a statement of the nature of the case, the status of settlement negotiations, and any other information requested by the mediator or deemed helpful by any party for the resolution of the dispute. This must be supplied to the mediator at least one day prior to the scheduled mediation. (8) Within five days of the conclusion of the mediation, the mediator shall file with the court a report, together with proof of service of the report upon each party, stating the status of the action following mediation as either “settled” or “not settled.” If settled, the terms of the settlement may be stated in the report, unless the parties have agreed that the terms shall be kept confidential. A written statement of the terms of the settlement signed by the parties or their attorneys shall be retained by the mediator. A written settlement agreement or memorandum of agreement shall be admissible to prove the settlement under to ORS 36.220 to ORS 36.238. If the mediator’s report is “settled” the parties must, within 30 days of the report being filed, submit to the Presiding Judge a stipulated judgment as the final order in the action. If the mediator’s report is “not settled” the action will be assigned an initial trial date and will proceed on the court’s civil calendar. (9) In the event any party fails to mediate in good faith after signing a stipulation for mediation pursuant to this rule, the court may assess as costs any other party’s costs necessarily incurred in the mediation, in any subsequent judgment. (10) The mediation proceedings described by this rule are compromise negotiations for purposes of OEC 408 (ORS 40.190) and are confidential under ORS 36.220 to 36.238.