MEDIATION CONFIDENTIALITY RULES DEVELOPED BY THE ATTORNEY GENERAL AS AUTHORIZED BY ORS 36.224
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. Agencies may adopt either rule or both rules. With the passage of SB 189 (2015) the adoption of mediation confidentiality rules has changed. This webpage explains those changes and provides links to the current rules.
Mediation Confidentiality Rules Adopted Prior to May 22, 2015
Many state agencies adopted mediation confidentiality rules prior to the passage of SB 189 (2015). A list of those rules can be found at: http://www.doj.state.or.us/adr/pages/adr20.aspx. Agencies that have previously adopted mediation confidentiality rules may still rely on those rules.
Temporary Mediation Confidentiality Rules Adopted on May 22, 2015
In order to comply with ORS 36.224 as amended by SB 189 (2015) the Attorney General adopted temporary mediation confidentiality rules 137-005-0052 and 137-005-0054 and amended model rule 137-005-0050 on May 22, 2015. These temporary mediation confidentiality rules are substantially similar to the previous mediation confidentiality rules in 2014. As noted above, agencies who adopted a mediation confidentiality rule prior to May 22, 2015 may still rely on those rules. Agencies wishing to adopt these temporary rules may do so without complying with the rulemaking procedures under ORS 183.335. See the recently amended 137-005-0050 regarding the process for adoption of mediation confidentiality rules.
OAR 137-005-0052 - Confidentiality and Inadmissibility of Mediation Communications (Temporary Model Rule effective May 22, 2015)
OAR 137-005-0054 - Confidentiality and Inadmissibility of Workplace Interpersonal Mediation Communications (Temporary Model Rule effective May 22, 2015)
Permanent Rulemaking for Mediation Confidentiality Rules
The rules adopted on May 22, 2015 are temporary rules. These rules will be reviewed and may be modified before being adopted permanently. The Attorney General welcomes your input on this rulemaking action. Here is how you can provide your comments:
Email your comments to Mike Niemeyer, DOJ ADR Coordinator, at firstname.lastname@example.org.
Participate in the Rulemaking Advisory Committee meeting July 16th, 2015 at 1 PM. The Attorney General will hold an advisory committee meeting to review the temporary rules and recommend any changes. Advisory Committee members will be appointed by and make recommendations to the Attorney General regarding the Mediation Confidentiality rules. The public will also have an opportunity, during the public comment portion of this meeting, to offer comments on the rules. This meeting will be in the Redwood Room located in the basement of the DOJ Robertson Building at 1215 State Street NE Salem, Oregon 97381.
Participate in the Rulemaking Hearing. It is anticipated that a rulemaking hearing will be held in conjunction with the adoption of permanent mediation confidentiality rules. The time and location of that hearing will be published in a Notice of Permanent Rulemaking in the Bulletin of the Secretary of State and to this website.