(1) Law enforcement agencies, city attorneys and district attorneys may consider the availability and likely effectiveness of mediation in determining whether to process and prosecute criminal charges. If it appears that mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney may propose mediation through a qualified mediation program.

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(2) In determining whether mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney shall consider, at a minimum, the following factors:

(a) The nature of the offense;

(b) Any special characteristics of the offender or the victim;

(c) Whether the offender has previously participated in mediation;

(d) Whether it is probable that the offender will cooperate with and benefit from mediation;

(e) The recommendations of the victim;

(f) Whether a qualified mediation program is available or may be made available;

(g) The impact of mediation on the community;

(h) The recommendations of the involved law enforcement agency; and

(i) Any mitigating circumstances.

(3) Mediation may not be used for:

(a) Disputes between family or household members, as defined in ORS § 107.705, that involve conduct that would constitute assault under ORS § 163.160, 163.165, 163.175 or 163.185 or strangulation under ORS § 163.187; or

(b) Offenses that involve sex crimes, as defined in ORS § 163A.005. [1995 c.323 § 1; 2003 c.577 § 6]

135.951 to 135.959 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.