Privacy of proceedings
- • confidentiality of communications
- • records
(1) All mediation proceedings under ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) shall be held in private, and all persons other than mediation services personnel, the parties, their counsel and children of the parties shall be excluded.
(2) All communications, verbal or written, made in mediation proceedings shall be confidential. A party or any other individual engaged in mediation proceedings shall not be examined in any civil or criminal action as to such communications and such communications shall not be used in any civil or criminal action without the consent of the parties to the mediation. Exceptions to testimonial privilege otherwise applicable under ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) do not apply to communications made confidential under this subsection.
(3) All records of the court with respect to mediation proceedings shall be closed except for:
(a) Records reflecting which cases have been referred for mediation under ORS 107.765 (When referral to mediation permitted) (1);
(b) The mediator’s report to the court made under the provisions of ORS 107.765 (When referral to mediation permitted) (2); and
(c) Information used to compile statistical data. [1983 c.671 §5; 1995 c.273 §19]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.