Mediation and Arbitration

ORS 36.262
Confidentiality of mediation materials


For purposes of a mediation under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding), all memoranda, work products and other materials contained in the case files of a mediator, an agricultural mediation service provider or the State Department of Agriculture are confidential. Any communication made in, or in connection with, the mediation that relates to the dispute being mediated, whether made to the mediator or a party, or to any other person if made at a mediation session, is confidential. However, a mediation agreement entered into under ORS 36.260 (Mediation agreement) is not confidential unless the parties otherwise agree in writing.


Confidential materials and communications are not subject to disclosure in any judicial or administrative proceeding except:


When all parties to the mediation agree, in writing, to waive the confidentiality;


In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation; or


When the material or communications are statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, that were not prepared specifically for use in and not actually used in the mediation.


Notwithstanding subsection (2) of this section, a mediator may not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree, in writing, to waive the confidentiality. [1989 c.967 §8; 2015 c.202 §7]
Note: See note under 36.252 (Agricultural mediation services coordinated by State Department of Agriculture).


Last accessed
Mar. 11, 2023