Mediation and Arbitration

ORS 36.230
Public bodies

  • confidentiality of mediation agreements

(1)

Except as provided in this section, mediation agreements are not confidential if a public body is a party to the mediation or if the mediation is one in which a state agency is mediating a dispute as to which the state agency has regulatory authority.

(2)

If a public body is a party to a mediation agreement, any provisions of the agreement that are exempt from disclosure as a public record under ORS 192.311 (Definitions for ORS 192) to 192.478 (Exemption for Judicial Department) are confidential.

(3)

If a public body is a party to a mediation agreement, and the agreement is subject to the provisions of ORS 17.095 (Prohibition of confidential settlements and compromises), the terms of the agreement are confidential to the extent that those terms are confidential under ORS 17.095 (Prohibition of confidential settlements and compromises) (2).

(4)

If a public body is a party to a mediation agreement arising out of a workplace interpersonal dispute:

(a)

The agreement is confidential if the public body is not a state agency, unless the public body adopts a policy that provides otherwise;

(b)

The agreement is confidential if the public body is a state agency only to the extent that the state agency has adopted a rule under ORS 36.224 (State agencies) that so provides; and

(c)

Any term of an agreement that requires an expenditure of public funds, other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the public body, may not be made confidential by a rule or policy of a public body. [1997 c.670 §5; 2005 c.352 §2]
Source

Last accessed
Mar. 11, 2023

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