Mediation Confidentiality Bulletin
The Mediation Confidentiality Bulletin describes the legal and practical considerations for state agency participation in confidential mediations.
Confidentiality Rules
ORS 36.220 to 36.238 authorize state agencies to make mediation communications confidential. The statutes also allow agencies to limit the discovery and admissibility of mediation communications in subsequent proceedings. Except for certain workers compensation mediations, the confidentiality and inadmissibility provisions of these statutes are available to state agencies only by adopting, mediation confidentiality rules developed by the Attorney General.
Mediation Confidentiality Rules Developed by the Attorney General as Authorized By 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.
- OAR 137-005-0052 – Confidentiality and Inadmissibility of Mediation Communications »
- OAR 137-005-0054 – Confidentiality and Inadmissibility of Workplace Interpersonal Mediation Communications »
Model Rule 137-005-0050
- Model Rule 137-005-0050 » “Confidentiality of Collaborative Dispute Resolution Communications” describes the rule adoption process and provides general guidance about the confidentiality and disclosure of dispute resolution communications and the use of agreements to mediate.”
Model Agreement to Mediate
The following template was prepared by the Department of Justice for use by its client state agencies. This “Version A” is intended for use in mediations in which one or more Oregon state agencies are a party, at least one non-public body entity is also a party to the mediation and an independent third-party is the mediator. It assumes that the parties are seeking the maximum confidentiality available and that all state agencies who are parties to this mediation have adopted mediation confidentiality rules as required by ORS 36.224.