Lincoln Supp. L. R. 12.025

As amended through June 11, 2024

Rule 12.025 - Cases Excluded From Mediation

Cases excluded from mediation include the following:

(1) Stalking proceedings under ORS 30.866 or 163.738;

(2) Family Abuse Prevention Act proceedings under ORS 107.700 to 107.732;

(3) Elder Abuse Prevention Act proceedings under ORS 124.005 et seq.;

(4) Proceedings in which a party has opted out of mediation after attending Mediation Orientation;

(5) Proceedings that the court determines are inappropriate for mediation, which decision may be made by the court before or after referral to mediation;

(6) Filiation proceedings under ORS 109.124 et seq., but only until paternity has been established;

(7) Cases in which the mediator has determined that the case is not appropriate for mediation. In this event, the sole report by the mediator to the court and to counsel for the parties, if any, shall be that the parties have not reached an agreement. The mediator may alert the court to the reason no agreement was reached (e.g., domestic violence issues) only with the written permission of both parties and each party's attorney, if any; and

(8) Cases involving expedited parenting time enforcement under ORS 107.434 unless either:

(a) The party who files the enforcement motion requests referral to mediation and the court approves that motion; or

(b) The judge refers the case to mediation. Because expedited parenting time enforcement exists to provide speedy relief to a party aggrieved by noncompliance with one or more provisions of an existing judgment, the court shall make such referrals with all due caution, as mediation may prolong the rendering of appropriate relief past the time period required by ORS 107.434.

If a case involving expedited parenting time enforcement is referred to mediation through a mediator who is on the list of court-approved mediators, the parties shall pay the mediation fee required of a petitioner and respondent within 14 days' notice of referral to mediation or as otherwise ordered by the Presiding Judge.

Lincoln Supp. L. R. 12.025

Amended effective 2/1/2024.