UTCR 12.130: COURT-SYSTEM TRAINING

When court-system training under this section is required, the training shall include, but not be limited to:

(1) At least six hours including, but not limited to, the following subject areas:

(a) Instruction on the court system including, but not limited to:

(i) Basic legal vocabulary;

(ii) How to read a court file;

(iii) Confidentiality and disclosure;

(iv) Availability of jury trials;

(v) Burdens of proof;

(vi) Basic trial procedure;

(vii) The effect of a mediated agreement on the case including, but not limited to, finality, appeal rights, remedies, and enforceability;

(viii) Agreement writing;

(ix) Working with interpreters; and

(x) Obligations under the Americans with Disabilities Act.

(b) Information on the range of available administrative and other dispute resolution processes.

(c) Information on the process that will be used to resolve the dispute if no agreement is reached, such as judicial or administrative adjudication or arbitration, including entitlement to jury trial and appeal, where applicable.

(d) How the legal information described in this subsection is appropriately used by a mediator in mediation, including avoidance of the unauthorized practice of law.

(2) For mediators working in contexts other than small claims court, at least two additional hours including, but not limited to, all of the following:

(a) Working with represented and unrepresented parties, including:

(i) The role of parties’ attorneys in the mediation process;

(ii) Attorney-client relationships, including privileges;

(iii) Working with attorneys, including understanding of Oregon State Bar disciplinary rules; and

(iv) Attorney fee issues.

(b) Understanding motions, discovery, and other court rules and procedures;

(c) Basic rules of evidence; and

(d) Basic rules of contract and tort law.