2015 ORS 36.224¹
State agencies
  • confidentiality of mediation communications
  • rules

(1) Except as provided in this section, mediation communications in mediations in which a state agency is a party, or in which a state agency is mediating a dispute as to which the state agency has regulatory authority, are not confidential and may be disclosed or admitted as evidence in subsequent adjudicatory proceedings, as described in ORS 36.222 (Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings) (7).

(2) The Attorney General shall develop model rules that provide for the confidentiality of mediation communications in mediations described in subsection (1) of this section. The rules shall also provide for limitations on admissibility and disclosure in subsequent adjudicatory proceedings, as described in ORS 36.222 (Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings) (7). The rules shall contain provisions governing mediations of workplace interpersonal disputes. The rules may be amended by the Attorney General after notice and opportunity for hearing as required by rulemaking procedures under ORS chapter 183.

(3) Model rules developed by the Attorney General under this section must include a provision for notice to the parties to a mediation regarding the extent to which the mediation communications are confidential or subject to disclosure or introduction as evidence in subsequent adjudicatory proceedings.

(4) A state agency may adopt the model rules developed by the Attorney General under this section in their entirety without complying with the rulemaking procedures under ORS 183.335 (Notice). The agency shall file notice of adoption of rules under this subsection with the Secretary of State in the manner provided by ORS 183.355 (Filing and taking effect of rules) for the filing of rules.

(5) Except as provided in ORS 36.222 (Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings), mediation communications in any mediation regarding a claim for workers’ compensation benefits conducted pursuant to rules adopted by the Workers’ Compensation Board are confidential, are not subject to disclosure under ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated) and may not be disclosed or admitted as evidence in subsequent adjudicatory proceedings, as described in ORS 36.222 (Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings) (7), without regard to whether a state agency or other public body is a party to the mediation or is the mediator in the mediation.

(6) Mediation communications made confidential by a rule adopted by a state agency are not subject to disclosure under ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated). [1997 c.670 §3; 2003 c.791 §23; 2005 c.333 §1; 2015 c.114 §1]


1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors036.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 36, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano036.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.