Mediation and Arbitration

ORS 36.232
Disclosures allowed for reporting, research, training and educational purposes


(1)

If a public body conducts or makes available a mediation, ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) do not limit the ability of the mediator to report the disposition of the mediation to that public body at the conclusion of the mediation proceeding. The report made by a mediator to a public body under this subsection may not disclose specific confidential mediation communications made in the mediation.

(2)

If a public body conducts or makes available a mediation, ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) do not limit the ability of the public body to compile and disclose general statistical information concerning matters that have gone to mediation if the information does not identify specific cases.

(3)

In any mediation in a case that has been filed in court, ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) do not limit the ability of the court to:

(a)

Require the parties or the mediator to report to the court the disposition of the mediation at the conclusion of the mediation proceeding;

(b)

Disclose records reflecting which matters have been referred for mediation; or

(c)

Disclose the disposition of the matter as reported to the court.

(4)

ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) do not limit the ability of a mediator or mediation program to use or disclose confidential mediation communications, the disposition of matters referred for mediation and the terms of mediation agreements to another person for use in research, training or educational purposes, subject to the following:

(a)

A mediator or mediation program may only use or disclose confidential mediation communications if the communications are used or disclosed in a manner that does not identify individual mediations or parties.

(b)

A mediator or mediation program may use or disclose confidential mediation communications that identify individual mediations or parties only if and to the extent allowed by a written agreement with, or written waiver of confidentiality by, the parties. [1997 c.670 §6]
§§ 36.220 to 36.238

Law Review Citations

33 WLR 703 (1997)


Source

Last accessed
Jun. 26, 2021