As amended through June 11, 2024
Rule 12.165 - COMPLETION OF MEDIATION(1) Unless otherwise ordered by the court, mediation shall be completed within 90 days of assignment.(2) The case shall be reported as "settled" or "not settled." If the parties are not able to settle, but nonetheless are able to limit issues or partially settle the case, the agreement regarding the partial settlement shall be reported to the Court for the purposes of further proceedings. In such an instance, the parties and mediator shall sign the form.(3) In all cases assigned to mediation in which a settlement is reached, the parties shall report such settlement to the Court as follows: (a) If the settlement is prior to the mediation hearing, the parties shall report the settlement to the Court and the mediator.(b) If the settlement is after the commencement of the mediation hearing, the parties shall cooperate with the mediator, and the mediator shall file a notice of the settlement with the Court.(4) If a case is reported as "settled," an outline of the terms of the agreement (which is not required to be typed), signed by both parties, shall be filed by the mediator with the Court within 14 judicial days. It is the responsibility of the parties and their counsel to file a stipulated judgment dismissing the case or stipulated judgment within 21 days of the filing of the mediator's outline of the agreement. Unless further services are engaged by the parties, the mediator's services are terminated with the filing of the outline of agreement. It is the parties' responsibility to draft any specific language regarding the particulars of the settlement and judgment.(5) If the parties are not able to settle a mediated case, the result shall be reported as "not settled."(6) Unless there is an election by the parties to arbitrate, the case shall proceed to be tried in the normal course. Each party shall deposit the sum otherwise provided by ORS 36.425(2) (c).Marion Supp. L. R. 12.165
Amended effective 2/1/2024.