Oregon
Rule Rule 115-040-0044
Notice of Disclosure of Mediation Communications


(1)

When a mediation is of a type described in OAR 115-040-0041 (Applicability of Mediator Disclosure Rules)(1), the agency must provide written notice to all parties to the mediation and the mediator informing them of the extent to which mediation communications may be confidential.

(2)

The notice required by this rule must be in writing and must include:

(a)

An explanation of the agency’s role in the mediation, including:

(A)

Whether the agency is a party; and

(B)

Whether the mediator is an employee, contractor or agent of the agency.

(b)

A statement that:

(A)

Mediation communications in mediations not described in OAR 115-040-0041 (Applicability of Mediator Disclosure Rules)(1) are not confidential unless provided otherwise by rules of this agency adopted pursuant to Oregon Laws 1997, chapter 670, section 3, or by other state or federal law; and

(B)

The parties to the mediation may agree in writing to less confidentiality and greater disclosure of mediation communications.

(c)

At least one of the following:

(A)

A copy of OAR 115-040-0040 (Exemption from Disclosure Under ORS 192.410 to 192.505 and Inadmissibility of Mediation Communication Pursuant to OEC Rule 408) and 115-040-0041 (Applicability of Mediator Disclosure Rules) to 115-040-0044 (Notice of Disclosure of Mediation Communications);

(B)

A summary of OAR 115-040-0040 (Exemption from Disclosure Under ORS 192.410 to 192.505 and Inadmissibility of Mediation Communication Pursuant to OEC Rule 408) and 115-040-0041 (Applicability of Mediator Disclosure Rules) to 115-040-0044 (Notice of Disclosure of Mediation Communications); or

(C)

Citations to the rules affecting the confidentiality of mediation communications and a statement indicating where a copy of these rules can be obtained.

(3)

Any notice required by this rule is not confidential and may be disclosed.
Source
Last accessed
Sep. 25, 2020