Oregon Department of Justice

Selected Conflict Management and ADR related Law, Rule and Policy

Executive Orders

• Executive Order 96-32 - Dispute Resolution Steering Committee (pdf)
• Executive Order 00-09 - Integrating Dispute Resolution Into State Government (pdf)

Statutes

• ORS 183.502  Authority, goals and purpose of agency ADR Programs
• ORS 36  "Mediation and Arbitration."  This chapter includes Oregon's mediation confidentiality statutes (ORS 36.220 to 36.238.)

Agency and Model Rules

• Attorney General's Collaborative Dispute Resolution Model Rules
• Administrative Procedures, Public Records and Public Meetings Manuals
• Attorney General's Mediation Confidentiality Rules

Agency rules:

• List of agencies that have adopted the Attorney General's Confidentiality rules pursuant to ORS 36.224.
• DHS Child Welfare Mediation Administrative Rule (pdf): "Openness and Post Adoption Communication through Legal Assistance Mediation Services - Child Welfare Administrative Rule"

Court Rules & Procedures

• Federal District Courts (pdf) - ADR and Settlement in the Federal District Courts a sourcebook for judges & lawyers
• Oregon Appellate Settlement Program - Appellate Settlement Project
• ADR related court rules for Oregon Circuit Courts - For example, Multnomah County rule 7.075 (Effective February 1, 2003 ) states in part:

PARTICIPATION IN APPROPRIATE DISPUTE RESOLUTION -(1) Every civil and family law case shall be subject to subsection (2) of this rule. (2) All parties and their attorneys, if any, are required to participate in some form of appropriate dispute resolution, beyond negotiation directly or indirectly to reach a joint settlement, including, but not limited to, arbitration, mediation or judicial settlement conference. The parties must sign and file, within 270 days from the filing of the first complaint or petition in the action, a certificate indicating that the parties have participated in such ADR mechanisms.

• Mandatory Arbitration Limits in Circuit Courts (SLR 13.005)

Other Resources

• Mediator Professional Standards & Best Practices