Mediation and Arbitration

ORS 36.110
Definitions for ORS 36

As used in ORS 36.100 (Policy for ORS 36) to 36.238 (Application of ORS 36):

(1)

“Arbitration” means any arbitration whether or not administered by a permanent arbitral institution.

(2)

“Dean” means the Dean of the University of Oregon School of Law.

(3)

“Dispute resolution program” means an entity that receives a grant under ORS 36.155 (Grants for dispute resolution services in counties) to provide dispute resolution services.

(4)

“Dispute resolution services” includes but is not limited to mediation, conciliation and arbitration.

(5)

“Mediation” means a process in which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated.

(6)

“Mediation agreement” means an agreement arising out of a mediation, including any term or condition of the agreement.

(7)

“Mediation communications” means:

(a)

All communications that are made, in the course of or in connection with a mediation, to a mediator, a mediation program or a party to, or any other person present at, the mediation proceedings; and

(b)

All memoranda, work products, documents and other materials, including any draft mediation agreement, that are prepared for or submitted in the course of or in connection with a mediation or by a mediator, a mediation program or a party to, or any other person present at, mediation proceedings.

(8)

“Mediation program” means a program through which mediation is made available and includes the director, agents and employees of the program.

(9)

“Mediator” means a third party who performs mediation. “Mediator” includes agents and employees of the mediator or mediation program and any judge conducting a case settlement conference.

(10)

“Public body” has the meaning given that term in ORS 174.109 (“Public body” defined).

(11)

“State agency” means any state officer, board, commission, bureau, department, or division thereof, in the executive branch of state government. [1989 c.718 §3; 1997 c.670 §11; 2003 c.791 §§11,11a; 2005 c.817 §3]

Notes of Decisions

“Mediation” as used in this section means only parts of process in which mediator participates and does not include separate interactions between parties and their attorneys that take place outside mediator’s presence and without mediator’s direct involvement. Alfieri v. Solomon, 358 Or 383, 365 P3d 99 (2015)

Where plaintiff/mediating party privately communicated with attorney outside mediation proceedings and communications were integrally related to mediation, those communications were not “mediation communications,” which include only communications between persons listed in statute while persons are present at mediation proceedings, that occur during time mediation is underway and that relate to substance of dispute being mediated. Alfieri v. Solomon, 358 Or 383, 365 P3d 99 (2015)

Source

Last accessed
Mar. 11, 2023

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