Oregon
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Oregon. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Oregon can be found in RSI’s Research Library and in Reports below.
State Legislation
- Oregon Statute 2.560: Court of Appeals rules; where court sits; appellate mediation program
- Oregon Statute 2.700: Liability of persons providing dispute resolution services
- Oregon Statute 31.250: Mandatory dispute resolution for certain actions against health practitioners and health care facilities
- Oregon Statutes 36.100 - 36.740: Mediation and Arbitration, Special Actions and Proceedings, Dispute Resolution
- Oregon Statutes 36.185 - 36.200: Mediation in Civil Cases
- Oregon Statutes 36.220 - 36.238: Confidentiality of Mediation Communications and Agreements
- Oregon Statutes 36.400 - 36.425: Court Arbitration Program
- Oregon Statutes 86.726-86.815: Foreclosure Resolution Conference
- Oregon Statute 107.179: Request for joint custody mediation
- Oregon Statutes 107.755 - 107.795: Domestic Relations Mediation Procedures
- Oregon Statutes 135.951 - 135.959: Mediating Criminal Offenses
- Oregon Statute 419B.517: Termination of Parental Rights; Mediation to be Encouraged
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Additional Information
Although there is no official statewide office for court ADR, there is an Office for Community Dispute Resolution, which provides technical and financial assistance to a network of community mediation centers throughout the state.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Oregon Statutes 36.400 - 36.425: Court Arbitration Program
Oregon State Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: For civil cases involving less than $50,000 or domestic relations cases only involving the division of property, these sections require circuit courts to refer the parties to arbitration. Section 36.425 also outlines the general guidelines for arbitr...
Oregon Statute 2.700: Liability of persons providing dispute resolution services
Oregon State Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: This section gives immunity from civil liability to those involved in providing dispute resolution services through the appellate courts. ...
Oregon Statutes 107.755 - 107.795: Domestic Relations Mediation Procedures
Oregon State Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: For domestic relations cases that have been ordered to mediation, these sections set guidelines for the mediation proceedings. Topics covered include mediation orientation sessions, exceptions to mandatory referral, mediator qualifications and costs....
Oregon Statutes 36.100 - 36.740: Mediation and Arbitration, Special Actions and Proceedings, Dispute Resolution
Oregon State Legislature. Jan. 1, 2017Resource Type: Legislation
Abstract: These revised statutes include sections on mediation and arbitration, mediation of foreclosure of agricultural property, arbitration and award, court arbitration program, and the Oregon International Commercial Arbitration and Conciliation Act. ...
Oregon Statutes 36.220 - 36.238: Confidentiality of Mediation Communications and Agreements
Oregon State Legislature. Jan. 1, 2017Resource Type: Legislation
Abstract: These sections set the guidelines for confidentiality in mediation proceedings. With few exceptions, mediation between two private parties is considered confidential and is precluded from being disclosed in court. ...
Oregon Statute 2.560: Court of Appeals rules; where court sits; appellate mediation program
Oregon State Legislature. Jan. 1, 2017Resource Type: Legislation
Abstract: This statute directs the Court of Appeals to create an appellate mediation program, and also specifies that parties to the appeal are responsible for paying the mediator fee. ...
Oregon Statute 31.250: Mandatory dispute resolution for certain actions against health practitioners and health care facilities
Oregon State Legislature. Jan. 1, 2017Resource Type: Legislation
Abstract: For actions in which a claim for damages is made against a health practitioner or health care facility, this section directs the court to refer parties to some form of dispute resolution procedure. The section requires parties to participate in dispu...
Oregon Statute 107.179: Request for joint custody mediation
Oregon State Legislature. Jan. 1, 2017Resource Type: Legislation
Abstract: For cases involving disputed requests for joint custody, this section authorizes the judge to refer the parties to mediation. An exception to such referrals may be made where the court determines mediation may cause undue emotional distress for one o...
Oregon Statutes 135.951 - 135.959: Mediating Criminal Offenses
Oregon State Legislature. Jan. 1, 2017Resource Type: Legislation
Abstract: For criminal cases, these sections allow city and district attorneys to consider mediation as an alternative to litigation for those cases in which they think it would be appropriate and effective. Among other topics, the sections describe how mediat...
Oregon Statute 419B.517: Termination of Parental Rights; Mediation to be Encouraged
Oregon State Legislature. Jan. 1, 2017Resource Type: Legislation
Abstract: For cases involving the termination of parental rights, or for juvenile dependency cases in which the child is placed in protective custody, this section directs the courts to encourage the parties to use mediation to resolve the dispute. ...
Oregon Statutes 86.726-86.815: Foreclosure Resolution Conference
Oregon State Legislature. Jan. 1, 2017Resource Type: Legislation
Abstract: This statute authorizes the creation of the Oregon Foreclosure Avoidance Program. It sets general guidelines and procedure for the program, and tasks the state's Attorney General's Office with creating rules for the program and contracting with an or...
Oregon Statutes 36.185 - 36.200: Mediation in Civil Cases
Oregon State Legislature. Enacted 1989; amended Sept. 22, 2003Resource Type: Legislation
Abstract: This statute allows the court to refer parties in civil cases to mediation, or parties themselves to elect to mediate their dispute. The statute also instructs the court to maintain a list of qualified mediators for such referrals, and also outlines ...
Rules
Oregon Judicial Department Court-Connected Mediator Qualifications Rules
Oregon Judicial Department. Aug. 1, 2005Resource Type: Rules - Court
Abstract: These rules delineate the qualification requirements for mediators in Oregon. The rules outline qualifications for civil mediators, domestic relations custody and parenting mediators and domestic relations financial mediators, as well as mediation cu...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Dependency Mediation in Oregon and the Nation
Thoennes, Nancy. Center for Policy Research, Mar. 1, 2001Resource Type: Report
Resource Type: Mediation Efficacy Study
Abstract: This study evaluates the results of 11 mediated dependency cases from the first two years of a pilot mediation program in two of the seven Oregon counties where the program was established. Evaluators used information provided in professional and fam...
Community Mediation Trends and Needs: A Study of Virginia and Ten States
Wilkinson, James. Aug. 1, 2001Resource Type: Report
Abstract: This study was undertaken to determine what services community mediation centers around the United States are providing and how they are funded, to identify services provided by Virginia's community mediation centers and to identify funding options f...
Juvenile Victim Offender Mediation in Six Oregon Counties
Umbreit, Mark S.; Coates, Robert B.; Vos, Betty. Jul. 9, 2001Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: Six juvenile victim-offender programs in Oregon are described and evaluated in terms of satisfaction of the parties and recidivism and restitution rates. The study found that about 90% of participants felt their mediator was fair and were satisfied w...
Community Justice in Rural America: Four Examples and Four Futures
Dickey, Walter J.; McGarry, Peggy. Feb. 1, 2001Resource Type: Report
Abstract: This monograph describes four examples of rural community justice initiatives: Boise County, Idaho; Jefferson County, Oregon; Monroe County, Wisconsin; and Burlington, Vermont. Each is described in terms of how community justice grows in response to ...
Evaluation of the Restorative Justice Program
Nelson, Sarah. Jan. 1, 2001Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: This study evaluated the effect of mediation on agreement completion and re-offense in Lane County, Oregon. To do so, it examined the records of juveniles referred to the program between 1996 and 1998, comparing the numbers of offenses pre- and post-...
Final Report of the Oregon Mediator Competency Work Group
Phalan, Alice; Burk, Lisa. Jul. 15, 1998Resource Type: Report
Abstract: The Oregon Mediator Competency Work Group was convened jointly by the Oregon Dispute Resolution Commission and the Oregon Mediation Association in the interest of implementing a statewide dialogue that would result in a recommended course of action t...
The Oregon Office for Community Dispute Resolution 2007-2009 Biennial Report
Oregon Office for Community Dispute Resolution.Resource Type: Report
Abstract: This report provides an overview of the Oregon Office for Community Dispute Resolution, which supports 20 community dispute resolution centers throughout the state. For the 2007-2009 period, the centers saw 29,994 people involved in 10,998 mediation ...
Contacts
Oregon Foreclosure Prevention Mediation Program
Oregon Foreclosure Prevention Mediation Program. Jul. 11, 2012Resource Type: Program
Abstract: The Oregon Foreclosure Prevention Mediation Program gives homeowners facing foreclosure the option of meeting with their lender in an attempt to find an alternative resolution. Homeowners have the option of requesting mediation at the time of default...
Oregon State Bar Alternative Dispute Resolution Section
Oregon State Bar.Resource Type: Organization
Abstract: The Oregon State Bar Alternative Dispute Resolution Section is composed of 320 attorneys and works to "explore, promote, and integrate into our legal system alternative modes of conflict resolution through eduction of the Bar and public, interact wit...
University of Oregon School of Law - Appropriate Dispute Resolution Center
University of Oregon School of Law.Resource Type: Organization
Abstract: The Appropriate Dispute Resolution Center at the University of Oregon was established in 2002 and is housed at the School of Law. The center offers a Master's Degree in Conflict and Dispute Resolution. The center also runs the Oregon Office for Commu...
Oregon Mediation Association
Oregon Mediation Association.Resource Type: Organization
Abstract: The Oregon Mediation Association was founded in 1986 and consists of 350 mediators. The website includes guidelines for mediators, information about conferences and trainings, a link to the Association's newsletter and links to other alternative disp...