Oregon Divorce Guide

Mediation

In a domestic relations suit, where it appears on the face of one or more pleadings, appearances, petitions or motions, the court may refer the matter for mediation of the contested issues prior to or concurrent with the setting of the matter for hearing. The purpose of the mediation is to assist the parties in reaching a workable settlement of the contested issues instead of litigating those issues before the court.

A mediation orientation session will be ordered for all parties in cases in which child custody, parenting time or visitation is in dispute, and in any other domestic relations case in which mediation has been ordered. The orientation session will make the parties aware of what mediation is, the mediation options available to them, and the advantages and disadvantages of each method of dispute resolution.

There will be a provision for opting out of mediation that allows a party to decline mediation after the parties has been informed of the advantages and disadvantages of mediation or at any time during the mediation.

If mediation goes forward to a conclusion, mediator will report to the court and to counsel for the parties the outcome of the mediation at the conclusion of the mediation proceeding. The mediator will report in writing to the court and to counsel for the parties any agreement reached by the parties as a result of the mediation, and the agreement will be incorporated in a proposed order or judgment provision prepared for the court. If the parties do not reach an agreement, the mediator will report only that fact to the court and to counsel for the parties, but will not make a recommendation to the court without the written consent of the parties or their counsel.

[Oregon Statutes – Volume 2 – Sections: 107.179, 107.540, 107.550, 107.765]