2017 ORS 135.951¹
Authorization
  • determining when appropriate
  • exclusions

(1) Law enforcement agencies, city attorneys and district attorneys may consider the availability and likely effectiveness of mediation in determining whether to process and prosecute criminal charges. If it appears that mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney may propose mediation through a qualified mediation program.

(2) In determining whether mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney shall consider, at a minimum, the following factors:

(a) The nature of the offense;

(b) Any special characteristics of the offender or the victim;

(c) Whether the offender has previously participated in mediation;

(d) Whether it is probable that the offender will cooperate with and benefit from mediation;

(e) The recommendations of the victim;

(f) Whether a qualified mediation program is available or may be made available;

(g) The impact of mediation on the community;

(h) The recommendations of the involved law enforcement agency; and

(i) Any mitigating circumstances.

(3) Mediation may not be used for:

(a) Disputes between family or household members, as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735), that involve conduct that would constitute assault under ORS 163.160 (Assault in the fourth degree), 163.165 (Assault in the third degree), 163.175 (Assault in the second degree) or 163.185 (Assault in the first degree) or strangulation under ORS 163.187 (Strangulation); or

(b) Offenses that involve sex crimes, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235). [1995 c.323 §1; 2003 c.577 §6]

Note: 135.951 (Authorization) to 135.959 (Authority to contract with dispute resolution programs) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.