Oregon Public Utility Commission

Rule Rule 860-002-0070
Confidentiality and Use of Statements, Proposals, or Materials in Alternative Dispute Resolution

(1) Unless otherwise agreed to by the parties in writing, all written or oral communications made by the parties in preparation for or during the mediation session(s) including but not limited to offers of settlement must be kept confidential by the parties and the mediator, may not be used by the non-disclosing party for any purpose other than participation in the mediation process, and may not be released to any third party or be offered into evidence in any legal proceeding unless agreed to in writing by both parties. Confidentiality obligations in this section apply to each party’s employees and representatives (including each party’s counsel).
(2) For purposes of ORS 192.502(4), the Commission obligates itself to protect from disclosure any document submitted in confidence during settlement discussions.

Last accessed
Jun. 8, 2021