Rule 12.040 - MEDIATOR ETHICSAn approved mediator, when mediating under ORS 36.185 to 36.210 or ORS 107.755 to 107.795, is required to:
(1) Disclose to the determining authority and the participants at least one of the relevant codes of mediator ethics, standards, principles, and disciplinary rules of the mediator's relevant memberships, licenses, or certifications. It is not the court's responsibility to enforce any relevant codes of mediator ethics, standards, principles, and/or rules;(2) Comply with relevant laws relating to confidentiality, inadmissibility, and nondiscoverability of mediation communications including, but not limited to, ORS 36.220, 36.222, and 107.785; and(3) Inform the participants prior to or at the commencement of the mediation of each of the following: (a) The nature of mediation, the role and style of the mediator, and the process that will be used;(b) The extent to which participation in mediation is voluntary and the ability of the participants and the mediator to suspend or terminate the mediation;(c) The commitment of the participants to participate fully and to negotiate in good faith;(d) The extent to which disclosures in mediation are confidential, including during private caucuses; (e) Any potential conflicts of interest that the mediator may have, i.e., any circumstances or relationships that may raise a question as to the mediator's impartiality and fairness;(f) The need for the informed consent of the participants to any decisions;(g) The right of the parties to seek independent legal advice, including review of the proposed mediation agreement before execution;(h) In appropriate cases, the advisability of proceeding with mediation under the circumstances of the particular dispute;(i) The availability of public information about the mediator pursuant to UTCR 12.050; and(j) If applicable, the nature and extent to which the mediator is being supervised.Or. Uni. Trial. Ct. R. 12.040
Adopted June 10, 2022, effective 8/1/2022; amended June 11, 2024, effective 8/1/2024.