Rule 12.015 - MEDIATION, GENERALLY(1) MATTERS SUBJECT TO MEDIATION(a)Purpose of Mediation. The purpose of the mediation shall be to assist the parties in reaching a workable settlement of those issues before the court.(b)Mandatory Mediation. Participation in mediation is mandatory in any dispute involving custody or non-custodial parent parenting time (visitation) arising from any of the following types of cases:(i) Any domestic relations suit, as defined in ORS 107.510 (3).(ii) Any filiation proceeding pursuant to ORS 109.124 to 109.230.(iii) Proceedings to determine the custody or support of a child under ORS 109.103.(iv) Any proceeding to modify custody or visitation or parenting time previously determined in one of the above types of cases.(v) Any other matter involving a dispute over custody, visitation or parenting time upon referral of the court.(c)Other Matters. The mediator may consider issues of property division or spousal or child support in connection with the mediation of a dispute concerning child custody, visitation or parenting time with the written approval of both parties or their counsel.(2) AUTHORITY OF CIRCUIT COURT NOT AFFECTED BY MEDIATION The authority of the Circuit Court over a domestic relations case is not affected by referral to mediation.
Any agreement of the parties reached as a result of mediation for which court enforcement may be sought must be presented to the court and the court shall retain final authority to accept, modify or reject the agreement.
(3) MEDIATION PROCESS(a)Commencement of Mediation by Stipulated Request for Mediation. If there is a disagreement between the parents concerning custody or parenting time at any stage of a domestic relations proceeding, both parents and their attorneys may sign and file with the court a stipulated request for mediation. A mediator will be available to the parents in accordance with these rules or the parents may agree and stipulate to an independent mediator in their stipulated request for mediation. If the parties choose an independent mediator the costs for the mediator will be paid by the parties jointly.(b)Commencement of Mediation by Request for Mediation by One Parent. If there is a disagreement between the parents concerning custody, visitation, or parenting time at any stage of a domestic relations proceeding, either parent seeking to resolve the matter may file with the court and serve upon the other parent or his or her attorney a request for mediation.(c)Commencement of Mediation when Custody or Non-custodial Parent Parenting Time Appears at Issue. Whenever a respondent generally appears in a domestic relations suit by filing an answer such as "Respondent Appears" or the like, the respondent shall in addition state whether there is any disagreement over child custody or parenting time for the non-custodial parent in the case or, alternatively, whether child custody or non-custodial parenting time is not an issue in the case. In the event no such statement is made, it will be assumed that custody or parenting time is in dispute, and the matter shall be referred to mediation.(d)Mediation Orientation. Whenever mediation is requested as in paragraphs (a) and (b) above or whenever any pleadings indicate that child custody or non-custodial parent parenting time is at issue, the parties shall be ordered to complete a mediation orientation. Orientation may be done by the mediator at the first mediation session. (e)Content of Mediation. Mediation shall consist of a brief orientation session and a maximum number of hours of sessions involving the parties and the mediator as set by order of the Presiding Judge. A maximum of one (1) hour of this time may be allocated to administrative time setting appointments and corresponding with parties and attorneys, and one (1) hour may be charged for time spent drafting the parties' agreement. Additional sessions may be provided and paid for at the parties' own expense. Any request for the court to approve additional hours beyond the approved amount shall be submitted to the Presiding Judge. Request from either the Mediator or parties must contain a statement from the Mediator regarding hours used including any no- show appointments and whether Mediator believes additional hours will produce an agreement. Only the Presiding Judge may approve payment from state provided mediation funds for excess hours.
(f)Unsuccessful Mediation. The mediator may notify the court at any time following the initial mediation session involving the parties and the mediator that mediation has been unsuccessful, in which case the proceeding will be scheduled for hearing in the same course and with the same priority as if there had been no mediation. The mediator may determine that the mediation has been unsuccessful if the parents are unable to resolve the custody or non-custodial parent parenting time controversy, if one or both parents are unwilling to participate in mediation or if the mediator determines that either parent is using the mediation process in bad faith for the delay of resolution of other issues.(g)Temporary Orders. At any point during the mediation the court may approve a temporary custody and parenting time plan order reflecting the parents' agreement as to the issues.(h)Child Support. 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 custody or parenting time plan, the mediator may assist upon the written request of the parents and the consent of the mediator in resolving the support issue as well.(i)Mediation Completion. It is the responsibility of the parties and their attorneys to see that mediation is completed within such time as to not delay the trial of the case. Failure to do so may result in dismissal of the case when called for trial or postponement under such conditions as the court may require.(4) CUSTODY STUDIES When the study report had been received by the parties, the parties are encouraged to return to mediation with the report as a tool for further mediation. The parties may, if both parties agree, resume mediation after the report is made available to the mediator.
Yamhill Supp. L. R. 12.015
Amended effective 2/1/2024.