Oregon Statutes 90.767 – Mandatory mediation
(1) For disputes subject to mediation under this section, if any party initiates mediation under this section, mediation is mandatory. A landlord of a tenancy subject to ORS § 90.505 to 90.850 shall establish a mediation policy to resolve disputes related to:
Terms Used In Oregon Statutes 90.767
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
- Bias crime: has the meaning given that term in ORS § 147. See Oregon Statutes 90.100
- Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
- Good faith: means honesty in fact in the conduct of the transaction concerned. See Oregon Statutes 90.100
- Informal dispute resolution: includes voluntary consultation between the landlord or landlord's agent and one or more tenants or voluntary mediation utilizing the services of a third party, but does not include mandatory mediation or arbitration. See Oregon Statutes 90.100
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Person: includes an individual or organization. See Oregon Statutes 90.100
- Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
- Rental agreement: includes a lease. See Oregon Statutes 90.100
- Sexual assault: has the meaning given that term in ORS § 147. See Oregon Statutes 90.100
- Stalking: means the behavior described in ORS § 163. See Oregon Statutes 90.100
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(a) Landlord or tenant compliance with the rental agreement or with the provisions of this chapter;
(b) Landlord or tenant conduct within the facility; or
(c) The modification of a rule or regulation under ORS § 90.610.
(2) A mediation policy under this section must include:
(a) The process and format by which a tenant or landlord may initiate mediation.
(b) The names and contact information, including the phone number and website address, for mediation services available through the referral program provided by the Housing and Community Services Department under ORS § 456.403 (2) and any other no-cost mediation service acceptable to the landlord.
(c) Information substantially explaining requirements for mediation under subsections (3) to (7) of this section.
(3) Mediation conducted under this section:
(a) In addition to any process authorized under subsection (2)(a) of this section, may be initiated by the landlord or tenant’s contact with the Housing and Community Services Department in a format required by the department.
(b) May not resolve any matters except by the agreement of all parties.
(c) Must require that communications from all parties are held strictly confidential and may not be used in any legal proceedings.
(d) May be used to resolve:
(A) Disputes between the landlord and one or more tenants, initiated by any party; and
(B) Disputes between any two or more tenants, initiated only by the landlord.
(e) Must allow a party to designate any person, including a nonattorney, to represent the interests of the party provided that the person has the authority to bind that party to any resolution of the dispute.
(f) Must comply with any other provisions as the Housing and Community Services Department may require by rule.
(4) Parties must participate in mediation under this section by making a good faith effort to schedule mediation within 30 days after mediation is initiated, attending and participating in mediation and cooperating with reasonable requests of the mediator.
(5) After mediation has been initiated and while it is ongoing under this section:
(a) Any statute of limitations related to the dispute is tolled.
(b) A party may not file an action related to the dispute, including an action for possession under ORS § 105.110.
(c)(A) A tenant shall continue paying rent to the landlord.
(B) A landlord receiving rent under this paragraph has not accepted rent for the purposes of ORS § 90.412 (2), provided that the landlord refunds the rent within 10 days following the conclusion of mediation.
(6) Unless specifically provided for in a mediation policy established under this section, or agreed to by all parties, no party may initiate mediation for:
(a) Facility closures consistent with ORS § 90.645 or 90.671.
(b) Facility sales consistent with ORS § 90.842 to 90.850.
(c) Rent increases consistent with ORS § 90.600.
(d) Rent payments or amounts owed.
(e) Tenant violations alleged in a termination notice given under ORS § 90.394, 90.396 or 90.630 (10).
(f) Violations of an alleged unauthorized person in possession in a notice given under ORS § 90.403.
(g) Unless initiated by the victim, a dispute involving allegations of domestic violence, sexual assault, bias crime or stalking or a dispute between the victim and the alleged perpetrator.
(h) A dispute arising after the termination of the tenancy, including under ORS § 90.425, 90.675 or 105.161.
(7) This section does not require any party to:
(a) Reach an agreement on any or all issues submitted to mediation;
(b) Participate in more than one mediation session or participate for an unreasonable length of time in a session; or
(c) Waive or forgo any rights or remedies or the use of any other available informal dispute resolution process.
(8) A mediator in a mediation under this section shall notify the Housing and Community Services Department as to whether the dispute was resolved through mediation but may not provide the department with the contents of any resolution.
(9) A landlord may unilaterally amend a rental agreement or facility rules and regulations to comply with this section.
(10) If a party refuses to participate in good faith in mediation with another party or uses mediation to harass another party, the other party:
(a) Has a defense to a claim related to the subject of the dispute for which mediation was sought; and
(b) Is entitled to damages of one month’s rent against the party. [2019 c.625 § 8; 2023 c.549 § 3a]