Rule 12.015 - MEDIATION IN DOMESTIC RELATIONS CASES(1) Mandatory Mediation(a) Any action filed in Circuit Court involving a controversy over custody, visitation or parenting time with minor children shall be subject to mediation. The court may decline to hear a custody, visitation, or parenting time dispute until and unless the parties have participated in mediation which has not resolved the issues between them. The court may order mediation even in the absence of a party's request.(b) Except as outlined in SLR 12.015(3), all cases are subject to this rule when the case is at issue. "At issue" means that the case is ready to be set for trial, or, if a party seeks to modify the parenting time or custody provisions of a dissolution of marriage judgment or a judgment establishing paternity, when the case is ready to be set for hearing.(c) If a party willfully fails to complete mediation within 60 days of the date that the case is at issue, that party's pleadings may be struck pursuant to UTCR 1.090(2). A party's unexcused failure to appear at two or more scheduled mediations will be sufficient to establish a willful failure to complete mediation.(d) A party may seek waiver of mandatory mediation on the grounds that such requirement will seriously jeopardize the rights of a party, a child or the children involved. Such waivers will be allowed only after a showing of extraordinary circumstances.(e) The parties must complete mediation orientation, parent education and one mediation session prior to the court signing a judgment of dissolution unless the court waives attendance for good cause shown by motion and affidavit. Sanctions as provided in UTCR 1.090 may be imposed by the court if a party fails to comply.(f) If the parents cannot agree on the amount of support to be paid by one to the other, and they are also in dispute as to the custody and/or parenting time, upon the request of the parents, the mediator may assist in resolving the support issue as well.(g) Mediation shall not be used by any parent in bad faith for the purposes of delay.(h) In the event the mediator does not believe further mediation will result in a resolution, the mediator shall notify the court.(2) Mediation Where Power Imbalance Exists(a) Where there is a restraining order between the parties, a history of domestic violence or abuse, an extreme imbalance in the power relationship between the parties or other reason to believe that mediation may be inappropriate, a party may contact the assigned mediator to request that the parties meet with the mediator separately, with the presence of a support person during mediation, a telephonic mediation, or another remedy. A mediator may exclude a support person from a session if the support person disrupts the process of mediation.(b) The mediator may arrange separate sessions, require telephonic mediation or terminate mediation at any time if the mediator believes that issue of violence, abuse, threatening behavior, manipulation or power imbalance make further mediation inappropriate. In any telephonic mediation, both parties will participate by telephone.(3) Commission(a) A Mediation Commission shall be formulated.(b) The Commission's function shall be to supervise the mediation program, to render advisory opinions at the request of the court, and to recommend rule changes to the judges.(c) The composition of the Commission shall be: Malheur County Circuit Court Judge, two members of the Malheur County Bar Association appointed by the Presiding Judge, and the designated domestic relations court staff member.(d) Three members of the Commission, including at least one of whom must be a judge, shall constitute a quorum.Malheur Supp. L. R. 12.015
Amended effective 2/1/2024.