Oregon Department of Justice

Rule Rule 137-001-0005

For the purposes of OAR 137-001-0005 (Definitions) to 137-005-0070 (Contract Clauses Specifying Dispute Resolution), unless otherwise defined therein, the words and phrases used in these rules have the same meaning as given to them in ORS 183.310 (Definitions for chapter) and:


“Consensus” means a decision developed by a collaborative DR process that each participant can accept;


“Convenor” means a person who aids in identifying appropriate issues and members for a collaborative rulemaking committee to develop a proposed rule, or who aids in identifying issues and participants for a collaborative dispute resolution process;


“Collaborative dispute resolution process” or “collaborative DR process” means any process by which a collaborative dispute resolution provider assists the participants in working together to develop a mutually acceptable resolution to a controversy. A collaborative DR process does not include:


Contested case hearings; or


Meetings, outside of a collaborative rulemaking process, in which a facilitator is used solely to lead an orderly meeting, manage an agenda or assist the group in accomplishing tasks and the facilitator is not attempting to resolve a controversy by developing consensus among the participants.


“Collaborative dispute resolution provider” or “collaborative DR provider” means an individual who assists the participants in a dispute resolution process to work together to develop a mutually acceptable resolution to a controversy. The collaborative DR provider may function as a mediator, facilitator, convenor, neutral fact-finder or other neutral. Arbitrators, investigators, customer service representatives and ombudspersons are not considered collaborative dispute resolution providers.


“Disputants” means agencies, persons or entities, or their representatives, who have a direct interest in a controversy and does not include a collaborative DR provider or person involved only as a witness.


“Mediation” means a process in which a collaborative DR provider assists two or more disputants in reaching a mutually acceptable resolution of the controversy. Mediation may also include facilitation or other processes in which a facilitator or other collaborative DR provider encourages and fosters discussions and negotiations aimed at reaching consensus among process participants.


“Neutral fact-finder” means a third party who assists with the resolution of a controversy by conducting an investigation of critical facts and rendering non-binding, advisory findings.


“Participants” means agencies, persons or entities involved in a dispute resolution proceeding, other than a collaborative DR provider or witness.


“Agreement to collaborate” means the agreement specified in OAR 137-005-0030 (Agreement to Collaborate).

Last accessed
Jun. 8, 2021