2011 ORS § 36.258¹
Qualification, duties and authority of mediator

(1) A mediator must be an impartial person knowledgeable in agriculture and financial matters.

(2) In carrying out mediation under ORS 36.250 (Definitions for ORS 36.250 to 36.270) to 36.270 (Utilization of mediation program for other disputes), a mediator shall:

(a) Listen to the agricultural producer and any creditor desiring to be heard.

(b) Attempt to facilitate a negotiated agreement that provides for mutual satisfaction. Such an agreement may include mutually agreed upon forbearance from litigation, rescheduled or renegotiated debt, voluntary sale or other liquidation of agricultural property, authorization for the agricultural producer to continue agriculture while providing reasonable security to the creditor or any other mutually agreed upon outcome.

(c) Seek assistance from any public or private agency to effect the goals of ORS 36.250 (Definitions for ORS 36.250 to 36.270) to 36.270 (Utilization of mediation program for other disputes).

(d) Permit any person who is a party to the mediation to be represented in all mediation proceedings by any person selected by the party.

(3) In carrying out a mediation under ORS 36.250 (Definitions for ORS 36.250 to 36.270) to 36.270 (Utilization of mediation program for other disputes), a mediator may invite additional creditors of the agricultural producer to participate in the mediation. A creditor may be invited to participate in a mediation regardless of whether the agricultural producer is in arrears with the creditor. [1989 c.967 §6; 2001 c.104 §10]

Note: See note under 36.250 (Definitions for ORS 36.250 to 36.270).