ORS 107.755
Court-ordered mediation

  • rules

(1)

Each judicial district shall:

(a)

Provide a mediation orientation session for all parties in cases in which child custody, parenting time or visitation is in dispute, and in any other domestic relations case in which mediation has been ordered. The orientation session may be structured in any way the circuit court determines best meets the needs of the parties. The orientation session should be designed to make the parties aware of:

(A)

What mediation is;

(B)

Mediation options available to them; and

(C)

The advantages and disadvantages of each method of dispute resolution.

(b)

Except in matters tried under ORS 107.097 (Ex parte temporary custody or parenting time orders) and 107.138 (Temporary status quo order regarding child custody) or upon a finding of good cause, require parties in all cases described in paragraph (a) of this subsection to attend a mediation orientation session prior to any judicial determination of the issues.

(c)

Provide mediation under ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) in any case in which child custody, parenting time and visitation are in dispute.

(d)

Have developed a plan that addresses domestic violence issues and other power imbalance issues in the context of mediation orientation sessions and mediation of any issue in accordance with the following guidelines:

(A)

All mediation programs and mediators must recognize that mediation is not an appropriate process for all cases and that agreement is not necessarily the appropriate outcome of all mediation;

(B)

Neither the existence of nor the provisions of a restraining order issued under ORS 107.718 (Restraining order) may be mediated;

(C)

All mediation programs and mediators must develop and implement:
(i)
A screening and ongoing evaluation process of domestic violence issues for all mediation cases;
(ii)
A provision for opting out of mediation that allows a party to decline mediation after the party has been informed of the advantages and disadvantages of mediation or at any time during the mediation; and
(iii)
A set of safety procedures intended to minimize the likelihood of intimidation or violence in the orientation session, during mediation or on the way in or out of the building in which the orientation or mediation occurs;

(D)

When a mediator explains the process to the parties, the mediator shall include in the explanation the disadvantages of mediation and the alternatives to mediation;

(E)

All mediators shall obtain continuing education regarding domestic violence and related issues; and

(F)

Mediation programs shall collect appropriate data. Mediation programs shall be sensitive to domestic violence issues when determining what data to collect.

(e)

In developing the plan required by paragraph (d) of this subsection, consult with one or more of the following:

(A)

A statewide or local multidisciplinary domestic violence coordinating council.

(B)

A nonprofit private organization funded under ORS 409.292 (Funding of programs relating to family, domestic and teen dating violence).

(2)

Notwithstanding any other provision of law, mediation under ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies), including the mediation orientation session described in subsection (1)(a) of this section, may not be encouraged or provided in proceedings under ORS 30.866 (Action for issuance or violation of stalking protective order), 107.700 (Short title) to 107.735 (Duties of State Court Administrator), 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) or 163.738 (Effect of citation).

(3)

The court, as provided in ORS 3.220 (Rules), may make rules consistent with ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) to govern the operation and procedure of mediation provided under this section.

(4)

If a court provides mediation of financial issues, it shall develop a list of mediators who meet the minimum education and experience qualifications established by rules adopted under ORS 1.002 (Supreme Court). The rules must require demonstrated proficiency in mediation of financial issues. Once the list is developed, the judicial district shall maintain the list. Mediation of financial issues is subject to the plan developed under subsection (1)(d) of this section and to the limitations imposed by subsection (2) of this section.

(5)

A circuit court may provide mediation in connection with its exercise of conciliation jurisdiction under ORS 107.510 (Definitions for ORS 107.510 to 107.610) to 107.610 (Qualifications of conciliation counselors), but a circuit court need not provide conciliation services in order to provide mediation under ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies). [1983 c.671 §2; 1993 c.138 §4; 1995 c.273 §10; 1995 c.666 §21a; 1997 c.475 §1; 1997 c.707 §18a; 2001 c.394 §2; 2003 c.791 §24; 2005 c.22 §82]

Source: Section 107.755 — Court-ordered mediation; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html.

107.005
Annulment of void marriage
107.015
Grounds for annulment or dissolution of marriage
107.025
Irreconcilable differences as grounds for dissolution or separation
107.036
Doctrines of fault and in pari delicto abolished
107.046
Appearance by public official
107.055
Appearance by respondent
107.075
Residence requirements
107.085
Petition
107.086
Where to file petition
107.087
When petition to be served on Division of Child Support
107.088
Clerk of court to furnish certain information when petition is filed
107.089
Documents parties must furnish to each other
107.092
Notice that spouse may continue health insurance coverage
107.093
Restraining order
107.094
Forms for restraining order and request for hearing
107.095
Provisions court may make after commencement of suit and before judgment
107.097
Ex parte temporary custody or parenting time orders
107.101
Policy regarding parenting
107.102
Parenting plan
107.103
Alternative dispute resolution conference procedure
107.104
Policy regarding settlement
107.105
Provisions of judgment
107.106
Provisions of order or judgment providing for custody, parenting time, visitation or support of child
107.108
Support or maintenance for child attending school
107.111
When parents equally responsible for funeral expenses of child
107.115
Effect of judgment
107.118
Definitions for ORS 107.118 to 107.131
107.121
Revocation of designation of beneficiary upon entry of judgment
107.124
Effect of revocation
107.127
Notice of revocation
107.131
Conveyance or release of contingent or expectant interests
107.133
Remedy following conviction for attempted murder or conspiracy to commit murder
107.135
Vacation or modification of judgment
107.136
Reinstatement of terminated spousal support
107.137
Factors considered in determining custody of child
107.138
Temporary status quo order regarding child custody
107.139
Post-judgment ex parte temporary custody or parenting time order
107.145
Legislative findings regarding deployed parent
107.146
Expedited hearing upon motion by deployed parent
107.149
Policy regarding parents and their children
107.154
Authority of parent when other parent granted sole custody of child
107.159
Notice of change of residence
107.164
Parents’ duty to provide information to each other
107.169
Joint custody of child
107.174
Modification of order for parenting time
107.179
Request for joint custody of children
107.400
Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought
107.405
Powers of court in dissolution, annulment or separation proceedings
107.406
Legislative findings
107.407
Petition to set aside spousal support provisions of judgment
107.408
Duty to provide income tax information
107.412
Procedure applicable to ORS 107.407
107.415
Notice of change of status of child
107.425
Investigation of parties in domestic relations suit involving children
107.431
Modification of portion of judgment regarding parenting time or child support
107.434
Expedited parenting time enforcement procedure
107.437
Order of assistance to obtain custody of child held in violation of custody order
107.445
Attorney fees in certain domestic relations proceedings
107.449
Transfer of proceeding under ORS 107.135 to auxiliary court
107.452
Reopening case if assets discovered after entry of judgment
107.455
Effect of separation statutes or judgments on subsequent dissolution proceedings
107.465
Conversion of judgment of separation into judgment of dissolution
107.475
Court to determine duration of separation
107.485
Conditions for summary dissolution procedure
107.490
Commencement of proceeding
107.500
Forms
107.510
Definitions for ORS 107.510 to 107.610
107.520
Establishment of conciliation jurisdiction
107.530
Source of conciliation services
107.540
Conciliation jurisdiction by court
107.550
Petition for conciliation jurisdiction
107.560
Effect of petition
107.570
Notice
107.580
Restriction of services
107.590
Court orders
107.600
Privacy of proceedings
107.610
Qualifications of conciliation counselors
107.615
Fees to support services
107.700
Short title
107.705
Definitions for ORS 107.700 to 107.735
107.707
Application of Uniform Child Custody Jurisdiction and Enforcement Act
107.710
Petition to circuit court for relief
107.716
Hearing
107.717
Appearance by telephone or two-way electronic communication device
107.718
Restraining order
107.719
Removal of personal effects
107.720
Enforcement of restraining orders
107.721
Petitioner’s change of residence
107.722
Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order
107.723
Service of restraining order
107.725
Renewal of order entered under ORS 107.716 or 107.718
107.726
Standing to petition for relief of person under 18 years of age
107.728
Where to file petition
107.730
Modification of order entered under ORS 107.700 to 107.735
107.732
Recovering custody of child
107.735
Duties of State Court Administrator
107.755
Court-ordered mediation
107.765
When referral to mediation permitted
107.775
Methods of providing mediation services
107.785
Privacy of proceedings
107.795
Availability of other remedies
107.810
Policy
107.820
Support order as insurable interest
107.825
Court-ordered beneficiary action against third-party beneficiary after death of obligor
107.830
Physical examination may be ordered
107.835
Waiver of personal service in subsequent contempt proceeding
107.837
Attorney fees
107.840
Confidentiality of Social Security numbers
107.843
Supplemental judgments
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