Oregon
Rule Rule 115-040-0041
Applicability of Mediator Disclosure Rules


(1)

OAR 115-040-0041 (Applicability of Mediator Disclosure Rules) to 115-040-0044 (Notice of Disclosure of Mediation Communications) apply only to mediations:

(a)

In which the agency is a party or is mediating a dispute as to which the agency has regulatory authority; and

(b)

That:

(A)

Are conducted under OAR 115-040-0000 (Mediation), ORS 243.712 (Mediation upon failure to agree after 150-day period), OAR 115-075-0000 and ORS 662.425 (Mediation services); or

(B)

Involve other joint requests for mediation from labor and management.

(2)

OAR 115-040-0041 (Applicability of Mediator Disclosure Rules) to 115-040-0044 (Notice of Disclosure of Mediation Communications) do not apply when the agency is acting as the “mediator” in a matter in which the agency also is a party as defined in Oregon Laws 1997, chapter 670, section 7.

(3)

Nothing in OAR 115-040-0041 (Applicability of Mediator Disclosure Rules) to 115-040-0044 (Notice of Disclosure of Mediation Communications) affects any confidentiality created by other law.

(4)

The words and phrases used in OAR 115-040-0041 (Applicability of Mediator Disclosure Rules) to 115-040-0044 (Notice of Disclosure of Mediation Communications) have the same meaning as given to them in Oregon Laws 1997, chapter 670, sections 7 and 11.
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Last accessed
Sep. 25, 2020