Rule 12.015 - CHILD CUSTODY AND PARENTING TIME MEDIATIONNOTE: Rules specifically relating to Domestic Relation Proceedings are found in SLR Chapter 8.
(1) Matters Subject to Mediation Mediation is mandatory in the following case types:
(a) Any domestic relations suit, as defined in ORS 107.510 (3);(b) Any filiation proceeding pursuant to ORS 109.124 to 109.230;(c) Proceedings to determine the custody or support of a child under ORS 109.103;(d) Any proceeding to modify custody and/or parenting time previously determined in one of the above types of cases; (e) Any other matter involving a dispute over custody and/or parenting time upon referral of the court; and(f) Other Matters. The mediator may consider issues of property division or spousal or child support with the written approval of both parties or of their counsel.(2) Court Control during Mediation (a) Cases remain subject to the control of the court during mediation. The court may remove a case from mediation at any time.(b) Mediators shall report to the court and counsel the outcome of mediation. Mediation agreements shall be presented to the court and the court retains final authority to accept, modify or reject agreements.(3) Commencement of Mediation Mediation will be commenced by stipulation of the parties, request of a party or court referral.
(4) Mediation Process (a) Mediation shall consist of a maximum of eight (8) hours of sessions involving the parties and the mediator. Unless otherwise agreed in writing by the parties, the parties' lawyers shall not be present at mediation sessions.(b) The parties shall choose a mediator upon completion of the parent education class and shall promptly notify the court of their selection. If the parties do not notify the court of their selection within ten (10) days following the parent education class, the court will appoint a mediator from the court's list of mediators. The parties may select a mediator of their own choosing but if the mediator is not on the list approved by the court, the expense of the mediator shall be the responsibility of the parties.(5) Unsuccessful Mediation The mediator may notify the court at any time following the initial mediation session that mediation has been unsuccessful, in which case the proceeding will be scheduled for hearing in the same course and with the same priority as if there had been no mediation. The mediator may determine that the mediation has been unsuccessful if the parties are unable to resolve the custody or parenting time controversy, if one or both parties are unwilling to participate in mediation, or if the mediator determines that either party is using the mediation process in bad faith for the delay of resolution of other issues.
(6) Temporary Custody and Parenting Time Orders At any point during the mediation process the court may approve a temporary custody and parenting time order reflecting the parties' agreement as to the issues.
(7) Temporary Support If the parties cannot agree on the issue of support and they are also in dispute as to custody and/or parenting time, the mediator may, upon the written request of the parties and the consent of the mediator, assist in resolving the support issue as well.
(8) Mediation Completion It is the responsibility of the parties and their attorneys to see that mediation is completed within such time as to not delay the trial of the case. Failure to do so may result in dismissal of the case when called for trial or postponement under such conditions as the court may require.
(9) Custody Evaluations (a) If the parties are unable, after a good faith effort, to resolve custody and/or parenting time issues in mediation, the parties may agree to a custody evaluation. The evaluation must be performed by a duly qualified person but must not be the mediator assigned to the case.(b) The parties must agree in advance that the report of the custody evaluation will be admissible at trial or other proceedings without appearance of the person who performed the evaluation. The person who performed the evaluation may, however, be subpoenaed at the expense of the party calling the person as a witness.(c) When the evaluation report had been received by the parties, the parties may, if both parties agree, resume mediation after the report is made available to the mediator.(d) The expense of the evaluation shall be the responsibility of the parties in such proportion as the parties may agree or as ordered by the court. Parties who seek a custody evaluation under this rule may, prior to proceeding with a custody evaluation, petition the court for partial assistance in the cost of the evaluation, to be paid from the county mediation fund. The decision to provide funding shall be based on the abilities of the parties to afford the evaluation. A petition for financial assistance for the custody evaluation shall be accompanied by the name, and a recommendation from the mediator as to whether a custody evaluation may be useful, an estimate of cost and affidavits setting forth the financial resources of the parties.Polk Cnty. Supp. L. R. 12.015
Amended effective 2/1/2024.