Rule 8.012 - MANDATORY MEDIATIONAll parties involved in non-temporary domestic relations matters in which child custody, parenting time, or visitation is in dispute, or in any other case as ordered by the court on its own motion, must participate in mediation before the court will decide the issues.
(1) Exceptions (a) If the only order was entered in a Family Abuse Prevention Act proceeding, parties are excepted from the mediation requirement.(b) Parties in expedited parenting time enforcement proceedings under ORS 107.434 are excepted from mandatory mediation orientation unless specifically ordered by the court to participate.(c) If after attending mediation orientation, the mediation program determines that the case is not appropriate for mediation, parties are excepted from the mediation requirement.(2) A notice regarding this requirement and explanation of the mediation orientation shall be provided to the moving party by the court clerk accepting the filing. The moving party shall serve a copy of this notice on the opposing party along with the Summons or other initiating documents in the manner provided by ORCP 7. The return of service on the opposing party shall indicate service of this notice as well as the other documents requiring service.(3) Each party must contact the mediation program to register for mediation orientation within 15 days of filing or receiving a response that indicates a disagreement regarding custody or parenting time.(4) The mediation program shall present a certificate of completion to the court when each party has completed mediation orientation.(5) It is the responsibility of the parties and their attorneys to see that mediation is completed timely. Failure to mediate prior to the trial date may result in delay of trial.(6) Court Control of Mediation Agreements A domestic relations case filed in the Circuit Court remains under the control of the court in all phases of the proceedings, including mediation.
(a) The court may limit the scope of the mediator's authority in the case.(b) Mediated agreements for which court enforcement may be sought must be presented to the court. The court has authority to accept, modify or reject the agreement. To preserve and promote the integrity of mediation, the court shall consider and may include all reasonable agreements reached by the parties in formulating the order in the case.(7) Independent Mediators(a) The parties may select by stipulation a mediator independent of the court system. The parties shall directly contract with the independent mediator and be responsible for payment of any agreed-upon fee for mediation service.(b) If an independent mediator is selected, the parties or their attorney shall file a written stipulation indicating the name of the mediator and the date set for the first mediation session. The mediator shall then notify the court when the parties have attended mediation.(c) If a stipulation for independent mediation is not filed by the time set for the hearing on any child custody or visitation dispute, the parties will be ordered to attend the court's mediation program.Amended effective 2/1/2024.