Rule 12.025 - ALTERNATE MEDIATION PROCEDURE IN CIVIL ACTIONS(1) Mediation, as used in this rule, is a facilitated negotiation process in which a neutral third-party assists the parties in attempting to reach a resolution of their controversy. The mediator has no authority to make a decision or to impose a solution.(2) Mediators whose names are maintained on the court-maintained list shall have the same qualifications of arbitrators as set by the Dispute Resolution Commission.(3) In the event any party fails to mediate in good faith after signing a stipulation for mediation, pursuant to this rule, the court may assess costs under UTCR 1.090.(4) On the parties' written stipulation filed with the court at any time prior to the commencement of the arbitration hearing, the parties may elect to mediate rather than arbitrate any civil or domestic relations matter, subject to mandatory arbitration. Such mediation shall be accomplished within the same time-period required for court-annexed arbitration under these rules. If the parties mediate in good faith, they shall be deemed to have met the requirements for mandatory arbitration, whether or not the mediation results in resolution of all claims and shall not thereafter be required to submit to arbitration. Nothing in this rule precludes the parties from entering arbitration in the event that mediation is unsuccessful in resolving the controversy. Any such request to arbitrate after mediation shall be governed by Malheur County Supplementary Local Rules 13.025 and 13.045.(5) If no mediator has been selected or assigned at the time of the stipulation to mediate, the parties may select a mediator by stipulation, or follow the procedures for assignment of an arbitrator pursuant to UTCR 13.080, except that the arbitrator shall be chosen from among those on the court-maintained list who have agreed to serve as mediators. The parties shall notify the arbitration clerk of their desire to select the mediator from such a list prior to the issuance of a list of potential arbitrators, if possible. (6) The mediator is to be compensated pursuant to UTCR 13.120, the Supplemental Court Rules, and the hourly rate established by the arbitration commission. (7) If requested by the mediator, the parties shall supply to the mediator a statement of the nature of the case, the status of settlement negotiations, and any other information requested by the mediator or deemed helpful by any party for resolution of the dispute. This shall be supplied to the mediator at least one day prior to the scheduled mediation. (8) If an arbitrator has already been assigned at the time of the stipulation to mediate, the parties may select a mediator by either of the following methods: (a) Request the arbitrator to serve as a mediator. Execution of the oath of arbitrator shall not preclude the arbitrator from agreeing to act as mediator pursuant to this rule. If the arbitrator agrees to so serve, UTCR 13.130 shall be applicable.(b) Stipulate to another mediator. If another mediator is selected, the arbitrator shall be informed immediately, and shall be compensated, pursuant to UTCR 13.120 and the Supplemental Local Rules, for any time already invested in the case.(9) The results of mediation shall be reported by the mediator to the court as either "settled" or "not settled". If settled, the terms of the settlement shall be stated on the report, unless the parties have agreed that the terms shall be kept confidential and not entered as a judgment. The report shall be filed, and the reported settlement entered as a judgment in the same manner as the filing of an award from arbitration that has not been appealed. If the parties have agreed to keep the statement confidential, a written statement of the terms of the settlement, signed by the parties and/or their attorneys shall be retained by the mediator and not made a part of the court file or entered as a judgment. Such a confidential statement held by the mediator or the report to the court including the terms of the settlement shall be admissible to prove the settlement but shall not otherwise be admissible. (10) The mediation proceedings described by this rule are compromise negotiations for purposes of ORE 408 (ORS 40.190) and are confidential under ORS 36.205.Malheur Supp. L. R. 12.025
Amended effective 2/1/2024.