Oregon Statutes 135.953 – How mediation may be used
(1) A defendant may participate in mediation as part of a diversion agreement under ORS § 135.881 to 135.901.
Terms Used In Oregon Statutes 135.953
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) A court, including, but not limited to, a justice court, may:
(a) Authorize, in a pretrial release order, contact between a defendant and a victim as part of mediation between the defendant and the victim;
(b) Consider mediation as the basis of a compromise of crimes under ORS § 135.703; or
(c) Include participation in mediation as a condition of probation under ORS § 137.540.
(3) A district attorney or city attorney:
(a) May suspend prosecution of a case referred to mediation and dismiss the charges in the referred case if the defendant successfully completes the terms of the agreement resulting from the mediation; or
(b) May include, with a defendant, mediation between the defendant and the victim as part of a plea agreement entered into under ORS § 135.405.
(4) A county juvenile department may include mediation between a child and a victim as one of the terms of a formal accountability agreement under ORS § 419C.230 or an authorized diversion program under ORS § 419C.225.
(5) The Department of Corrections may use mediation for the purposes of rehabilitation and treatment.
(6) Mediation may be used in any other appropriate manner in resolving disputes involving criminal matters. [1995 c.323 § 2; 2007 c.609 § 4]
See note under 135.951.