Senate Bill 814 (Oregon Laws 2013 Chapter 350) directs the Attorney General to appoint a Mediation Service Provider to operate an environmental claims mediation program. This bill also requires the Attorney General to prescribe by rule the training and qualification requirements for program mediators who participate in this program. The Attorney General is also directed to establish a schedule of fees.
On October 31, 2014 the Department of Justice adopted temporary rules regarding mediator qualifications and the schedule of fees for the Environmental Claims Mediation Program. A notice of permanent rulemaking for this program was filed in the January 2015 Bulletin of the Oregon Secretary of State, including a notice of a rulemaking hearing on February 12, 2015. Comments on these rules are welcome up to the close of the public comment period at 5 Pm on February 12, 2015. Comments may be submitted to Mike Niemeyer at firstname.lastname@example.org or to 1162 Court Street NE, Salem 97301.
If you would like to be added to the SB 814 Environmental Claims Mediation Program contact list, to receive notices of SB 814-related meetings or rulemaking activities, please email Nancy Barrera at Nancy.Barrera@doj.state.or.us.
An Advisory Committee has been convened to assist the Attorney General with the rulemaking and contractor selection activities needed to implement this program. Meetings of the Environmental Claims Mediation Program Advisory Committee are open to the public. Dates, location and the agenda for these meetings will be posted here and distributed via email to persons on the SB 814 contact list described above. The time available for the public to comment at the Advisory Committee meetings is limited, as noted on the agenda for that meeting. All Advisory Committee meetings will be held in the Kulongoski Room of the Justice Building at 1162 Court Street NE, Salem, OR 97301. A call-in number may be available for the meeting, as noted in the agenda.
- February 12th, 2015 from 2:30 to 4pm - Advisory Committee meeting and Rulemaking Hearing to discuss permanent rules
- January 15th, 2015 from 2:30 to 4pm - Advisory Committee meeting to discuss program implementation to date.
- April 28, 2014, from 2:30 to 4pm - Advisory Committee Meeting.
- March 6, 2014, from 2:30 to 4pm - Advisory Committee Meeting.
- January 23, 2014, from 2:30 to 4:00 pm - Advisory Committee Meeting.
- December 2, 2013 - An initial public meeting was held to receive suggestions for advisory committee membership and on implementation of the SB 814 Environmental Claims Mediation Program.
The Department of Justice will not be contracting directly with or creating a roster of mediators for this program. The Department has established rules related to mediator training and qualifications and will expect its contractor, the mediation service provider, to use only those mediators who meet those qualifications. We welcome input from mediators on these or any other aspects of the mediation program.
After a competitive process the Department of Justice selected Mediation Case Manager (MCM) to operate the Environmental Claims Mediation Program. The roster of qualified mediators, mediator rates and forms for requesting an environmental claims mediation are available on the MCM website at: https://ecmp.mediationcasemanager.com/ .