Rule 8.031 - PARTICIPATION IN APPROPRIATE DISPUTE RESOLUTION(1) Scope of Dispute Resolution Requirement. In any domestic relations case, all parties are required to participate in some form of appropriate dispute resolution, including mediation, arbitration, judicial settlement conference, or a neutral-assisted settlement conference, regarding each of the following contested issues:(b) Parenting time or visitation issues, other than enforcement and status quo;(c) Spousal support final orders and modification orders; and(d) Allocation of assets or debts for General Judgments.(2) Limitations on Dispute Resolution Requirement. Where participation in a dispute resolution process is not required, parties must follow subsection (3) to receive an Order waiving the requirement. Participation in a dispute resolution process is required for any issue subject to subsection (1) even if accompanying issues under subsection (2) are excluded from mediation requirements. Participation in a dispute resolution process is not required as to:(a) Cases in which the parties are also parties to a criminal no-contact order or an active protection order, including Family Abuse Prevention Act orders, stalking orders, Elderly Persons and Persons with Disabilities Abuse Prevention Act orders, and Sexual Abuse Protection Act orders. However, except when a criminal no-contact order is in effect, mediation or other dispute resolution process may occur at the request of the protected person as long as the circumstances of that process do not violate the terms of the protection order;(b) Any matter involving minor children for which there is a pending Juvenile Court matter involving those children, or children of whom the Department of Human Services has been granted temporary or permanent custody or wardship;(c) Orders of Assistance;(d) Immediate danger (i.e., emergency) custody or parenting time claims;(e) Temporary Protective Orders or Restraint, Status Quo orders, or financial restraining orders;(f) Claims involving child support; or(g) Claims involving temporary spousal support.(h) Enforcement of Parenting Time(3) Waiver of Mediation and other Resolution Process. A party seeking to waive mediation or other required dispute resolution process must file a motion and supporting declaration with the court. An order to waive mediation or other required resolution process may be granted on a party's or the court's own motion upon good cause, such as a showing of danger, existence of a criminal no-contact order or active protection order, or other compelling circumstance.(4) Mediation Orders. (a) Any party may request an Order requiring mediation through the county division of Family Resolution Services on issues relating to custody, parenting time, or visitation. The Trial Court Administrator will provide forms and instructions for this purpose at the time the initial pleading or motion is filed. Parties may use another document in substantially similar form to that provided by the Trial Court Administrator. The moving party shall obtain the date for appearance for mediation from Family Resolution Services.(b) If private mediation is sought and the parties are unable to agree on a private mediator or payment of fees of the mediator, any party may file a motion and supporting declaration with the court requesting that the court determine the mediator and payment of fees.(c) Notwithstanding the exemptions in subsection (2), the court on its own motion may order mediation or other dispute resolution process for any domestic relations matter except a matter involving a person protected (A) by a criminal no-contact order issued against another party or (B) by a protective order where the protected person has not agreed to that process. Mediation may not be ordered within the protective order case under any circumstances.
(d) Good Faith. The parties must participate in dispute resolution processes in good faith. No such process shall be used by any party for the purposes of harassment or delay.Multnomah Supp. L. R. 8.031
Amended effective 2/1/2024.