Oregon Revised Statutes Chapter 36 § 36.195 — Presence of attorney; authority and duties of mediator; notice to court at
Oregon Revised Statutes Chapter 36 ·
Oregon Code § 36.195·Enacted ·Last updated March 01, 2026
Statute Text
Presence of attorney; authority and duties of mediator; notice to court at
completion of mediation.
(1) Unless otherwise agreed to in writing by the parties, the parties legal
counsel shall not be present at any scheduled mediation sessions conducted
under the provisions of ORS 36.100 to 36.175.
(2) Attorneys and
other persons who are not parties to a mediation may be included in mediation
discussions at the mediators discretion, with the consent of the parties, for
mediation held under the provisions of ORS 36.185 to 36.210.
(3) The mediator,
with the consent of the parties, may adopt appropriate rules to facilitate the
resolution of the dispute and shall have discretion, with the consent of the
parties, to suspend or continue mediation. The mediator may propose settlement
terms either orally or in writing.
(4) All court
mediators shall encourage disputing parties to obtain individual legal advice
and individual legal review of any mediated agreement prior to signing the
agreement.
(5) Within 10
judicial days of the completion of the mediation, the mediator shall notify the
court whether an agreement has been reached by the parties. If the parties do
not reach agreement, the mediator shall report that fact only to the court, but
shall not make a recommendation as to resolution of the dispute without written
consent of all parties or their legal counsel. The action shall then proceed in
the normal fashion on either an expedited or regular pretrial list.
(6) The court
shall retain jurisdiction over a case selected for mediation and shall issue
orders as it deems appropriate. [1989 c.718 §21]
Plain English Explanation
This Oregon statute addresses Presence of attorney; authority and duties of mediator; notice to court at
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 36.195
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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