As amended through June 11, 2024
Rule 12.013 - DOMESTIC RELATIONS MEDIATION(1) Request and Order for Mediation: If there is a disagreement between the parents concerning custody or parenting time at any stage of a domestic relations proceeding, the parents, or attorneys, may sign and file with any Family Law Judge a request for mediation and certificate of service in substantially the form as that attached to these rules. The parents will be referred by the court's order to Conciliation Services for mediation in accordance with these rules and provided a specific date on which to attend mediation orientation. Alternatively, the parents may agree and stipulate to an independent mediator. This order in no way prohibits parties from voluntarily attending mediation; rather, the purpose is to compel parties to attend. Parties seeking mediation services through Conciliation Services shall notify the court in writing on their motion of any current FAPA or stalking order. Family Law - Mediation forms are available online at https://www.courts.oregon.gov/courts/washington/help/Pages/Forms.aspx
(2) Temporary Custody and Parenting Time Orders: At any point during the mediation, the court may approve a stipulated temporary custody and parenting time order reflecting the parents' agreement as to the issues.(3) Unsuccessful Mediation: In the event the parents are not successful in mediating the custody or parenting-time controversy, the mediator shall notify the court.(4) In cases in which one party has obtained a Family Abuse Prevention Order against the other party and/or there is a restraining/no contact order within the domestic relations case, unless otherwise ordered by a judge, parties may attend orientation and mediation sessions with Conciliation Services. In cases in which one party has obtained a stalking order against the other party, the court may allow the parties to attend orientation and mediation sessions with Conciliation Services upon written motion. The party seeking mediation shall point out the existence of the stalking order to the court and provide not less than 14 days prior notice of his or her application for mediation services to the other party.(5) For motions to modify child custody or parenting time, a Mediation Order is a condition to the setting of a hearing date. If any cases come before the court without completion of mediation, the hearing will be reset and the parties sent to mediation.Amended effective 2/1/2024.