Or. Admin. Code § 115-040-0044

Current through Register Vol. 63, No. 12, December 1, 2024

Section 115-040-0044 - Notice of Disclosure of Mediation Communications

(1) When a mediation is of a type described in OAR 115-040-0041(1), the agency must provide written notice to all parties to the mediation and the mediator informing them of the extent to which mediation communications may be confidential.

(2) The notice required by this rule must be in writing and must include:

(a) An explanation of the agency's role in the mediation, including:

(A) Whether the agency is a party; and

(B) Whether the mediator is an employee, contractor or agent of the agency.

(b) A statement that:

(A) Mediation communications in mediations not described in OAR 115-040-0041(1) are not confidential unless provided otherwise by rules of this agency adopted pursuant to Oregon Laws 1997, chapter 670, section 3, or by other state or federal law; and

(B) The parties to the mediation may agree in writing to less confidentiality and greater disclosure of mediation communications.

(c) At least one of the following:

(A) A copy of OAR 115-040-0040 and 115-040-0041 to 115-040-0044;

(B) A summary of OAR 115-040-0040 and 115-040-0041 to 115-040-0044; or

(C) Citations to the rules affecting the confidentiality of mediation communications and a statement indicating where a copy of these rules can be obtained.

(3) Any notice required by this rule is not confidential and may be disclosed.

Or. Admin. Code § 115-040-0044

ERB 5-1998(Temp), f. & cert. ef. 5-1-98 thru 10-27-98; ERB 6-1998, f. & cert. ef. 10-27-98; ERB 9-2016, f. 11-9-16, cert. ef. 2/1/2017

Stat. Auth.: ORS 243.766(7), 240.086(3) & OL 1997, Ch. 670

Stats. Implemented: ORS 192.410 - 192.505