SLR 5-8.017: PARTICIPATION IN APPROPRIATE DISPUTE RESOLUTION

(1) Mediation Requirement - Scope. In any domestic relations case not exempted under subsection (2) of this rule, all parties are required to participate in some form of appropriate dispute resolution, such as mediation, arbitration, judicial settlement conference, collaborative legal process, or a neutral-assisted settlement conference, regarding each of the following contested issues: (a) Child custody; (b) Parenting time or parenting time issues, other than enforcement; (c) Spousal support; and (d) Allocation of assets or debts. (2) Exemption from Mediation Requirement. Any party who is exempt, as outlined below in subsections (2)(a) through (2)(c), shall follow the process in subsection (5) below to request a waiver of mediation. The following circumstances exempt a domestic relations case from mediation under this rule: (a) Cases in which the parties are also parties to a criminal no-contact order or an active protection order are exempt from mediation requirement. Such orders, include but are not limited to: (i) Family Abuse Prevention Act Orders, Page 18 of 37 (ii) Stalking Orders, (iii) Elderly Persons and Persons with Disabilities Abuse Prevention Act Orders, (iv) Sexual Abuse Protection Orders, and (v) Stalking Protective Orders. (b) Notwithstanding the exemptions listed in paragraph (2)(a), except when a criminal no-contact order is in effect, mediation may occur at the request of the protected person as long as the circumstances of mediation do not violate the terms of the protection order. (c) Any matter involving a minor child or youth named as a party in a pending Juvenile Court case, or in the temporary or permanent custody or wardship of the Department of Human Services or the Oregon Youth Authority. (3) Limitations on Issues/Claims Subject to the Mediation Requirement. The following issues and claims are not subject to the mediation requirement under this rule: (a) Immediate danger (i.e., emergency) custody or parenting time claims, (b) Claims for Temporary Protective Orders of Restraint, Status Quo Orders, or financial restraining orders, (c) Claims involving child support, (d) Claims involving temporary spousal support, and (e) Order of Assistance to obtain custody of child held in violation of custody order. (4) Limitations Do Not Over-Ride Mediation Requirement on Allowed Issues/Claims. Mediation is required for any issue subject to subsection (1) of this rule even if accompanying issues under subsection (3) of this rule are excluded from mediation requirements. (5) Waiver of Mediation and other Resolution Process. A party may not waive mediation or other required dispute resolution process without a court order. To request an order allowing waiver, a party must file a motion and supporting declaration with the court. An order to waive mediation or other required resolution process may be granted on a party’s or the court’s own motion upon good cause, such as a showing of danger or other compelling circumstance. Page 19 of 37 (6) Mediation Orders. (a) The court, upon receipt of a filed response contesting any issues listed in subsection (1), will send the parties to the case, or the attorneys (if represented), a Notice Regarding Mandatory Mediation and an Order for Mediation. The parties are directed to begin the process of dispute resolution within fourteen (14) days of the receipt of the order. The order will include contact information for Clackamas County Resolution Services, which is a provider of mediation services. The parties must conclude the mediation at least thirty (30) days before trial or hearing on the merits, or such later time as may be allowed by the court on motion and affidavit showing good cause. (b) If private mediation is sought and the parties are unable to agree on a private mediator or payment of fees of the mediator, any party may file a motion and supporting declaration with the court requesting that the court determine the mediator and payment of fees. (c) Notwithstanding the exemptions to mediation in subsection (2), the court on its own motion may order mediation for any domestic relations matter except a matter involving a person protected (A) by a criminal no-contact order issued against another party or (B) by a protective order where the protected person has not requested mediation. Mediation may not be ordered in the protective order case under any circumstances. (7) Good Faith. The parties must participate in mediation in good faith. Mediation shall not be used by any party for the purposes of harassment or delay. (8) Certificate of Compliance. See SLR 8.046.