Section 7 - Mediation

As amended through June 11, 2024
Section 7 - Mediation
7.1 If the matter is not resolved prior to the appointment of a mediator, the mediator shall arrange a mutually agreeable date and time for the mediation to take place by videoconference through the OFDR system, or at a specified physical location if the mediator determines videoconference is not appropriate in the case. The mediator shall provide notice of the mediation date and time and place to the parties via the OFDR system and to the Administrator not less than 14 days before the mediation, unless the notice requirement is waived by the parties.
7.2 The mediation shall be commencedwithin sixty (60) days of appointment of the mediator. Upon request of a party, or upon his or her own determination, the mediator may adjourn, continue or postpone the mediation as the mediator determines necessary.
7.3 Any communications made during the course of mediation are confidential to the extent provided by law. ORS 36.220. Mediations are not public meetings; the mediator has the sole discretion to allow persons who are not parties to the mediation to attend the proceedings.
7.4 If the parties reach a settlement in mediation, the mediator may draft a settlement agreementusing the form provided in the OFDR system and consistent with RPC 2.4 to memorialize the parties' agreement.
7.5 At the conclusion of the mediation, the mediator shall notify the Administrator if the fee dispute was resolved. The mediator shall not provide a copy of the settlement agreement to the bar.
7.6 An OFDR program mediation must center on the reasonableness of the fee and the return of client property. Evidence of alleged malpractice or unethical conduct may be considered during mediation in addressing whether the fee charged is reasonable, and the fee may be adjusted accordingly in any mediated resolution, but no other affirmative monetary relief is be permitted in any OFDR program mediation.
Effective 10/1/2021.