Oregon Statutes 36.220 – Confidentiality of mediation communications and agreements; exceptions
(1) Except as provided in ORS § 36.220 to 36.238:
Terms Used In Oregon Statutes 36.220
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(a) Mediation communications are confidential and may not be disclosed to any other person.
(b) The parties to a mediation may agree in writing that all or part of the mediation communications are not confidential.
(2) Except as provided in ORS § 36.220 to 36.238:
(a) The terms of any mediation agreement are not confidential.
(b) The parties to a mediation may agree that all or part of the terms of a mediation agreement are confidential.
(3) Statements, memoranda, work products, documents and other materials, otherwise subject to discovery, that were not prepared specifically for use in a mediation, are not confidential.
(4) Any document that, before its use in a mediation, was a public record as defined in ORS § 192.311 remains subject to disclosure to the extent provided by ORS § 192.311 to 192.478.
(5) Any mediation communication relating to child abuse that is made to a person who is required to report child abuse under the provisions of ORS § 419B.010 is not confidential to the extent that the person is required to report the communication under the provisions of ORS § 419B.010. Any mediation communication relating to elder abuse that is made to a person who is required to report elder abuse under the provisions of ORS § 124.050 to 124.095 is not confidential to the extent that the person is required to report the communication under the provisions of ORS § 124.050 to 124.095.
(6) A mediation communication is not confidential if the mediator or a party to the mediation reasonably believes that disclosing the communication is necessary to prevent a party from committing a crime that is likely to result in death or substantial bodily injury to a specific person.
(7) A party to a mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS § 40.010 to 40.585 or other provision of law. A party may disclose confidential mediation communications to any other person for the purpose of obtaining advice concerning the subject matter of the mediation, if all parties to the mediation so agree.
(8) The confidentiality of mediation communications and agreements in a mediation in which a public body is a party, or in which a state agency is mediating a dispute as to which the state agency has regulatory authority, is subject to ORS § 36.224, 36.226 and 36.230. [1997 c.670 § 1]