MEDIATION CONFIDENTIALITY RULES DEVELOPED BY THE ATTORNEY GENERAL AS AUTHORIZED BY ORS 36.224
Confidentiality of Mediations Involving State Agencies
ORS 36.220 through 36.238 authorize state agency participation in a confidential mediation. For most agencies, the confidentiality and inadmissibility provisions of this law are available only by adopting rules developed by the Attorney General pursuant to ORS 36.224. The Attorney General has developed two mediation confidentiality rules: A rule for the mediation of workplace interpersonal disputes and a rule covering most other mediations.
Attorney General's Mediation Confidentiality Rules
CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS (7/27/2011)
This rule provides for the confidentiality of mediation communications in most of mediations and should be adopted by all state agencies. Agencies who previously adopted the "Combined Rule 7/16/98 Confidentiality And Inadmissibility of Mediation Communications" are encouraged to amend their current rule by replacing it with this more recent version. Additional guidance is available below and from your contact attorney
CONFIDENTIALITY AND INADMISSIBILITY OF WORKPLACE INTERPERSONAL MEDIATION COMMUNICATIONS (7/27/2011)
Agencies may adopt this rule to provide for the confidentiality of mediations involving workplace interpersonal disputes. Agencies who had previously adopted the "Workplace Interpersonal Dispute Mediation Communications rule developed by the Attorney General on 7/16/1998" are encouraged to amend their current rule by replacing it with the following. Additional guidance is available below and from your contact attorney.
Instructions For Adoption of Mediation Confidentiality Rules
1) Pursuant to ORS 36.224 the Attorney General has develop two mediation confidentiality rules for use by state agencies.
a) Agencies may adopt the "Confidentiality and Inadmissibility of Mediation Communications (7/27/2011)" rule for mediations in which the agency is a party, or is mediating a dispute as to which the agency has regulatory authority.
b) Agencies may adopt the "Confidentiality and Inadmissibility of Workplace Interpersonal Mediation Communications (7/27/2011)" rule for the mediation of workplace interpersonal disputes.
2) Modify the Rules as Permitted. When adopting the mediation confidentiality rules, an agency may not modify the rules except where indicated by blanks or italicized text in brackets in the rules. In the case of the "Confidentiality and Inadmissibility of Mediation Communications (7/27/2011)" rule, the permitted changes allow the agency to add additional exceptions to mediation confidentiality and additional limitations on thet types of mediation the rule applies to.
3) Rulemaking Action. After editing the rule as permitted, the agency must provide the Governor with a copy of the rule at the time that the agency gives notice of intended rulemaking action under ORS 183.335. The Governor may notify the agency that the Governor disapproves of the proposed rules at any time before the agency files the rules with the Secretary of State under ORS 183.355.
4) The agency must follow the rulemaking procedures in ORS 183.325 to 183.355. The agency may adopt the rules as temporary rules, if the agency satisfies the requirements of ORS 183.335(5).
5) Agencies who previously adopted the rule captioned "Combined Rule 7/16/98 - Confidentiality And Inadmissibility of Mediation Communications" or "Simplified Workplace Interpersonal Dispute Rule 7/16/98 Confidentiality And Inadmissibility of Mediation Communications" are encouraged to amend their current rule by replacing it with the appropriate 7/27/2011 version of the same rule.
6) Additional guidance for the adoption of these rules is available from your contact attorney and from the 2012 edition of the Attorney General's Administrative Procedures Manual.