SLR 8-12.015: Mediation of Disputes with Child Custody and Parenting Time

TIME (1) These rules shall apply to mediation of domestic relations actions pursuant to ORS 107.755 to 107.795 and shall not be applied to restrict the process, but rather to grant considerable discretion to the mediator and mediating parties. (2) The mediation requirement in custody/parenting time disputes commences when an answer/response is filed by an objecting party in a domestic relations action or by 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, domestic relations actions include dissolution of marriage, separation, annulment, filiation, dissolution of domestic partnership and such other cases 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 issue between themselves. The mediator must file with the court the Domestic Relations Mediator Report stating if parties have cooperated and if an agreement has been reached (see Appendix C). 8th Judicial District – Baker Circuit Court Revised February 1, 2026 Page 10 of 34 (4) 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 mediation process and impose sanctions, as appropriate. (5) 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.