(a) Mediation. The parties may employ the services of a mediator, other than a member of the trial panel, or if a trial panel is not yet appointed, a member of the Disciplinary Board, to determine the potential for, and to assist the parties in negotiating a settlement of issues in dispute. Mediation is voluntary; both parties must agree to participate in the mediation. The SPRB shall decide for the Bar whether to mediate.(b) Time of Mediation. Mediation may occur at any time, provided that the mediation shall not delay a hearing before a trial panel scheduled in accordance with BR 5.4. After a trial panel issues a written opinion in the proceeding pursuant to BR 2.4(i)(2), mediation may occur only if authorized by the Adjudicator.(c) Discipline by Consent. A stipulation for discipline or no contest plea negotiated through mediation is subject to approval by the SPRB, and the Disciplinary Board or the Supreme Court, as the case may be, as set forth in BR 3.6, before it is effective.(d) Costs. The expense of mediation shall be shared equally by the parties unless the parties agree otherwise.(e) Confidentiality. Mediation communications, as defined in ORS 36.110, are confidential and may not be disclosed or admitted as evidence in subsequent adjudicatory proceedings, except as provided by ORS 36.226.Rule 4.9 added by Order dated June 17, 2003, effective 7/1/2003. Rule 4.9a and e amended by Order dated April 26, 2007. Rule 4.9a, 4.9b and 4.9d amended by Order dated May 3, 2017, effective 1/1/2018. Rule 4.9(a), (b) amended by Order dated December 26, 2023, effective 1/1/2024.