Rule 12.150 - MATTERS SUBJECT TO MEDIATION1) Mandatory Mediation:a) Any matter described in ORS 107.765 and any other proceedings where child custody or a parenting plan is at issue, unless otherwise exempted by law, shall be subject to mandatory mediation. The court will not consider any contested parenting plan issues in a proceeding that results in a final judgment or order, unless it is notified by a mediator that the matter has proceeded through mediation in accordance with these rules. Request for prejudgment custody and parenting plan orders under ORS 107.095 are not subject to mandatory mediation, but mediation will be ordered on the joint request of the parties.b) Mediation is mandatory because mediation allows for a customized, workable agreement and reduces the damage to relationships. Parties should participate actively and in good faith. If parties are represented, legal counsel should advise their client in matters of law. The mediator has control of the mediation process as stated in these rules. Counsel should encourage their client, unless mediation is not appropriate for reasons stated in these rules, to engage in the mediation process in good faith in order to seek a resolution that is in the best interest of their children.2) Exclusion From Mediation: a) The court may exclude a case from mandatory mediation for good cause shown after hearing on the motion of a party with service on the opposing party. Cases involving domestic violence will be subject to adopted domestic violence protocols.3) Other Matters: a) The mediator shall not consider matters of property division or spousal or child support in connection with the mediation of a dispute concerning child custody, parenting time, or visitation, or otherwise without the written approval of both parties or theircounsel.Harney Supp. L. R. 12.150
Amended effective 2/1/2024.