Or. Admin. Code § 736-051-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 736-051-0040 - Mediation

(1) The entities with approval authority in consultation with the staff of the Dispute Resolution Commission (DRC), shall compile and maintain a list of potential mediators.

(2) Within ten calendar days of receipt of a written request to mediate, the SHPO shall provide the disputing parties with a list of at least three potential mediators, including written credentials of each one.

(3) Within ten calendar days of receipt of the list of potential mediators, each disputing party shall notify the SHPO if one or more of the mediators would be acceptable.

(4) Disputing parties may jointly interview potential mediators. All parties shall agree on the choice of mediator within five working days after the list of acceptable mediators is forwarded to SHPO.

(5) The mediator shall assist the disputing parties in preparing for the negotiation. Such preparations shall include:

(a) A statement of the issues to be mediated;

(b) A list of the parties who will participate in the mediation;

(c) An estimated completion date for the mediation process. By mutual consent, deadlines may be established for ending or continuing the mediation process;

(d) A statement of what shall constitute agreement. An understanding of what constitutes agreement shall include adequate time for each disputing party's decision-making body to ratify andy tentative agreement reached by the mediator and the disputing parties;

(e) Provisions for protecting confidential information about site location, traditional or sacred practices, or other sensitive information associated with archaeological sites and objects;

(f) Provisions for payment of the mediator's services, if the services are not voluntary;

(g) Any other procedural matters the disputing parties determine need resolution before mediation begins on the substantive issues.

Or. Admin. Code § 736-051-0040

PR 6-1994, f. & cert. ef. 4-22-94; PRD 6-2022, amend filed 11/21/2022, effective 7/1/2023

Statutory/Other Authority: ORS 390.124 & 390.240

Statutes/Other Implemented: ORS 390.240