Umatilla Supp. L. R. 12.005

As amended through June 11, 2024

Rule 12.005 - MEDIATION IN GENERAL

(1) Purpose of Mediation. The purpose of mediation shall be to assist the parties in reaching a workable settlement of those issues before the court.

(2) Mandatory Mediation. Any dispute involving custody or parenting time arising from any of the following types of cases shall be subject to mediation under this rule:

(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 parenting time of a child under ORS 109.103.

(d) Any proceeding to modify custody or parenting time previously determined in one of the above types of cases.

(3) Authority of Circuit Court Not Affected by Mediation

The authority of a circuit court of the Sixth Judicial District, Umatilla & Morrow Counties over a domestic relations case filed in that circuit court is not affected by referral to mediation. Any agreement of the parties reached as a result of mediation for which court enforcement may be sought, shall be presented to the court and the court shall retain final authority to accept, modify, or reject the agreement.

(4) Mediation Process

(a) Commencement of Mediation by Judicial Order

When parenting time or custody is at issue, the court will schedule a status check hearing. At the hearing, the judge will determine whether or not the case is appropriate for mediation and will either waive mediation or will appoint a mediator and schedule the first mediation date.

(b) Commencement of Mediation by Stipulated Request for Mediation

If there is a disagreement between the parties concerning custody or parenting time at any stage of a domestic relations proceeding, either both parties or their attorneys may sign and submit for filing with the court a stipulated request for mediation, or the attorneys may verbally request an Order for Mediation. A mediator will be available to the parties in accordance with these rules, or the parents may agree and stipulate to an independent mediator in their stipulated request for mediation. If the parties choose an independent mediator, the costs for the mediator will be paid by the parties jointly.

(c) Mediation shall consist of up to four (4) hours of sessions involving the parties and the mediator. At the request of the mediator, the court may allow an additional two (2) hours of time. Additional time may be provided at the parties' expense.

(5) Completion of Mediation

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. The mediator shall provide to the court and to counsel for the parties the outcome of the mediation, including the mediated agreement within three (3) judicial days of the date the last party signs the agreement, or if all signatures cannot be obtained within fifteen (15) days following the conclusion of mediation, the mediator shall report that the mediation has not been successful.

(6) Unsuccessful Mediation

The mediator shall notify the court and counsel for the parties within three (3) judicial days following the conclusion of mediation that mediation has been unsuccessful. The court will then set the case for hearing or trial.

(7) Failure or refusal to comply with the mediation program in a timely manner may be considered by the court in making its ruling on issues which are in dispute.

(8) A party who has complied with the mediation process shall have the right to:

(a) Request that the pleading of a party who has appeared be stricken, if that party has not completed the program in a timely manner without good cause; and

(b) Request entry of an order from the court to compel the non-complying party's completion of the program should the non-complying party not have completed the program in a timely manner without good reason. The court may enter an award of attorney fees in favor of the complying party who utilizes this option to force the non-complying party's compliance with this rule.

Umatilla Supp. L. R. 12.005

Amended effective 2/1/2024.