Oregon Department of Justice

Attorney General Ellen F. Rosenblum

Oregon Department of Justice - Attorney General Ellen F. Rosenblum
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Confidentiality Rules

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.

1. Agencies may adopt the “Confidentiality and Inadmissibility of Mediation Communications (5/1/2014)” rule for mediations in which the agency is a party, or is mediating a dispute as to which the agency has regulatory authority.

2. Agencies may adopt the “Confidentiality and Inadmissibility of Workplace Interpersonal Mediation Communications (5/1/2014)” rule for the mediation of workplace interpersonal disputes.

3. Modify the Rules only 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 (5/1/2014)” rule, the permitted changes allow the agency to add additional exceptions to mediation confidentiality and additional limitations on the types of mediation to which the rule applies.

4. 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.

5. 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).

6. Agencies who adopted a previous version of these rules, are encouraged to amend their current rule by replacing it with the appropriate 5/1/2014 version. For a list of mediation confidentiality rules by agency see: http://www.doj.state.or.us/adr/pages/adr20.aspx

7. For additional guidance on the adoption of these rules see your contact attorney.

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