reglab/housing_qa huggingface dataset:
OR Rev Stat § 36.228 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.228 - Mediations in which two or more public bodies are parties.

(1) Notwithstanding any other provision of ORS 36.220 to 36.238, if the only parties to a mediation are public bodies, mediation communications and mediation agreements in the mediation are not confidential except to the extent those communications or agreements are exempt from disclosure under ORS 192.311 to 192.478. Mediation of workplace interpersonal disputes between employees of a public body is not subject to this subsection. (2) Notwithstanding any other provision of ORS 36.220 to 36.238, if two or more public bodies are parties to a mediation in which a private person is also a party, mediation communications in the mediation are not confidential if the laws, rules or policies governing confidentiality of mediation communications for at least one of the public bodies provide that mediation communications in the mediation are not confidential. (3) Notwithstanding any other provision of ORS 36.220 to 36.238, if two or more public bodies are parties to a mediation in which a private person is also a party, mediation agreements in the mediation are not confidential if the laws, rules or policies governing confidentiality of mediation agreements for at least one of the public bodies provide that mediation agreements in the mediation are not confidential. [1997 c.670 §4a; 2007 c.12 §1]
OR Rev Stat § 36.230 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.230 - Public bodies; confidentiality of mediation agreements.

(1) Except as provided in this section, mediation agreements are not confidential if a public body is a party to the mediation or if the mediation is one in which a state agency is mediating a dispute as to which the state agency has regulatory authority. (2) If a public body is a party to a mediation agreement, any provisions of the agreement that are exempt from disclosure as a public record under ORS 192.311 to 192.478 are confidential. (3) If a public body is a party to a mediation agreement, and the agreement is subject to the provisions of ORS 17.095, the terms of the agreement are confidential to the extent that those terms are confidential under ORS 17.095 (2). (4) If a public body is a party to a mediation agreement arising out of a workplace interpersonal dispute: (a) The agreement is confidential if the public body is not a state agency, unless the public body adopts a policy that provides otherwise; (b) The agreement is confidential if the public body is a state agency only to the extent that the state agency has adopted a rule under ORS 36.224 that so provides; and (c) Any term of an agreement that requires an expenditure of public funds, other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the public body, may not be made confidential by a rule or policy of a public body. [1997 c.670 §5; 2005 c.352 §2]
OR Rev Stat § 36.232 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.232 - Disclosures allowed for reporting, research, training and educational purposes.

(1) If a public body conducts or makes available a mediation, ORS 36.220 to 36.238 do not limit the ability of the mediator to report the disposition of the mediation to that public body at the conclusion of the mediation proceeding. The report made by a mediator to a public body under this subsection may not disclose specific confidential mediation communications made in the mediation. (2) If a public body conducts or makes available a mediation, ORS 36.220 to 36.238 do not limit the ability of the public body to compile and disclose general statistical information concerning matters that have gone to mediation if the information does not identify specific cases. (3) In any mediation in a case that has been filed in court, ORS 36.220 to 36.238 do not limit the ability of the court to: (a) Require the parties or the mediator to report to the court the disposition of the mediation at the conclusion of the mediation proceeding; (b) Disclose records reflecting which matters have been referred for mediation; or (c) Disclose the disposition of the matter as reported to the court. (4) ORS 36.220 to 36.238 do not limit the ability of a mediator or mediation program to use or disclose confidential mediation communications, the disposition of matters referred for mediation and the terms of mediation agreements to another person for use in research, training or educational purposes, subject to the following: (a) A mediator or mediation program may only use or disclose confidential mediation communications if the communications are used or disclosed in a manner that does not identify individual mediations or parties. (b) A mediator or mediation program may use or disclose confidential mediation communications that identify individual mediations or parties only if and to the extent allowed by a written agreement with, or written waiver of confidentiality by, the parties. [1997 c.670 §6]
OR Rev Stat § 36.234 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.234 - Parties to mediation.

For the purposes of ORS 36.220 to 36.238, a person, state agency or other public body is a party to a mediation if the person or public body participates in a mediation and has a direct interest in the controversy that is the subject of the mediation. A person or public body is not a party to a mediation solely because the person or public body is conducting the mediation, is making the mediation available or is serving as an information resource at the mediation. [1997 c.670 §7]
OR Rev Stat § 36.236 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.236 - Effect on other laws.

(1) Nothing in ORS 36.220 to 36.238 affects any confidentiality created by other law, including but not limited to confidentiality created by ORS 107.755 to 107.795. (2) Nothing in ORS 36.220 to 36.238 relieves a public body from complying with ORS 192.610 to 192.690. [1997 c.670 §9]
OR Rev Stat § 36.238 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.238 - Application of ORS 36.210 and 36.220 to 36.238.

The provisions of ORS 36.210 and 36.220 to 36.238 apply to: (1) All mediations, whether conducted by a publicly funded program or by a private mediation provider; and (2) Facilitated dispute resolution services conducted by the Public Records Advocate under ORS 192.464. Solely for purposes of ORS 36.210 and 36.220 to 36.238, a facilitated dispute resolution shall be deemed a mediation. [1997 c.670 §8; 2017 c.728 §7]
OR Rev Stat § 36.252 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.252 - Agricultural mediation services coordinated by State Department of Agriculture; rules.

(1) The State Department of Agriculture shall coordinate agricultural mediation services for disputes directly related to activities of the department and agricultural issues under the jurisdiction of the department. (2) The Director of Agriculture or a designee of the director shall serve as the agricultural mediation service coordinator. The coordinator shall establish rules necessary to implement ORS 36.252 to 36.268. The rules must include, but need not be limited to: (a) Reasonable mediator training guidelines for persons providing agricultural mediation services under ORS 36.252 to 36.268. (b) Fees to be charged for agricultural mediation services. (c) Methods for advertising the availability of agricultural mediation services. (d) Procedures for accepting applications for agricultural mediation services and for notifying any other person who is identified in the request for mediation as a party to the dispute. [1989 c.967 §3; 2015 c.202 §2] Note: 36.252 to 36.268 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 36.254 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.254 - Contracts for mediation services.

(1) The agricultural mediation service coordinator serving under ORS 36.252 shall contract with one or more providers of agricultural mediation services to provide impartial mediators who are knowledgeable in agriculture and financial matters. (2) The coordinator may contract with, or use the services of, a private mediation organization, a community-based program, a state agency or a combination of organizations and agencies. (3) A contract entered into under this section may be terminated by the coordinator only upon 30 days’ written notice and for good cause. (4) An agricultural mediation service provider other than a state agency is an independent contractor and is not a state agency for any purpose. [1989 c.967 §4; 2015 c.202 §3] Note: See note under 36.252.
OR Rev Stat § 36.256 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.256 - Request for mediation services.

(1) The State Department of Agriculture may accept a request for mediation under ORS 36.252 to 36.268 of a dispute directly related to activities of the department or agricultural issues under the jurisdiction of the department from: (a) A person engaged in the production of livestock, poultry, field crops, fruit, dairy, fur-bearing animals, Christmas trees, vermiculture products, food fish or other animal and vegetable matter; or (b) Any other person at the discretion of the department. (2) A person may request mediation by submitting the request to the department on a form provided by the department. A mediation request must include: (a) The name and address of each party to the dispute; (b) The name of each party’s legal representative, if applicable; and (c) Any additional information the department may require. (3) ORS 36.252 to 36.268 do not require a person to engage or continue in the mediation of any dispute. Mediation under ORS 36.252 to 36.268 is voluntary for all parties to the dispute, and if the parties agree to engage in mediation, any party may at any time withdraw from mediation. (4) The submission of a request for mediation does not operate to stay, impede or delay in any manner the commencement, prosecution or defense of any action or proceeding by any person. [1989 c.967 §5; 1995 c.277 §6; 1997 c.631 §566; 2005 c.22 §29; 2015 c.27 §2; 2015 c.202 §4] Note: See note under 36.252.
OR Rev Stat § 36.258 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.258 - Duties of mediator.

In carrying out mediation under ORS 36.252 to 36.268, a mediator shall: (1) Listen to the parties that are desiring to be heard. (2) Attempt to facilitate a negotiated agreement that provides for mutual satisfaction. (3) Seek assistance as necessary from any public or private agency to effect the goals of ORS 36.252 to 36.268. (4) Permit any person who is a party to the mediation to be represented in all mediation proceedings by any person selected by the party. [1989 c.967 §6; 2001 c.104 §10; 2015 c.202 §5] Note: See note under 36.252.
OR Rev Stat § 36.260 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.260 - Mediation agreement.

(1) If an agreement is reached between the parties in a mediation under ORS 36.252 to 36.268, the parties shall sign a written mediation agreement. (2) The parties to a mediation agreement: (a) Are bound by the terms of the agreement; (b) May enforce the mediation agreement as a legal contract; and (c) May use the mediation agreement as a defense against an action contrary to the mediation agreement. (3) If the mediator drafts the agreement, the mediator shall encourage the parties to have the agreement reviewed by independent legal counsel before signing the agreement. [1989 c.967 §7; 2015 c.202 §6] Note: See note under 36.252.
OR Rev Stat § 36.262 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.262 - Confidentiality of mediation materials.

(1) For purposes of a mediation under ORS 36.252 to 36.268, all memoranda, work products and other materials contained in the case files of a mediator, an agricultural mediation service provider or the State Department of Agriculture are confidential. Any communication made in, or in connection with, the mediation that relates to the dispute being mediated, whether made to the mediator or a party, or to any other person if made at a mediation session, is confidential. However, a mediation agreement entered into under ORS 36.260 is not confidential unless the parties otherwise agree in writing. (2) Confidential materials and communications are not subject to disclosure in any judicial or administrative proceeding except: (a) When all parties to the mediation agree, in writing, to waive the confidentiality; (b) In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation; or (c) When the material or communications are statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, that were not prepared specifically for use in and not actually used in the mediation. (3) Notwithstanding subsection (2) of this section, a mediator may not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree, in writing, to waive the confidentiality. [1989 c.967 §8; 2015 c.202 §7] Note: See note under 36.252.
OR Rev Stat § 36.264 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.264 - Civil immunity for mediators and mediation service providers.

Mediators and agricultural mediation service providers are immune from civil liability for, or resulting from, any act or omission done or made while engaged in efforts to assist or facilitate a mediation under ORS 36.252 to 36.268, unless the act or omission was made or done in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another. [1989 c.967 §9; 2015 c.202 §8] Note: See note under 36.252.
OR Rev Stat § 36.266 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.266 - Suspension of court proceedings during mediation; dismissal of action.

(1) During the pendency of any action between parties to a mediation under ORS 36.252 to 36.268, the court may, upon stipulation by all parties, enter an order suspending the action. (2) A suspension order under subsection (1) of this section suspends all orders and proceedings in the action for the time period specified in the suspension order. In specifying the time period, the court shall exercise its discretion for the purpose of permitting the parties to engage in mediation without prejudice to the rights of any person. The suspension order may include other terms and conditions as the court may consider appropriate. The suspension order may be revoked upon motion of any party or upon motion of the court. (3) If all parties to the action agree, by written stipulation, that all issues before the court are resolved by mediation under ORS 36.252 to 36.268, the court shall dismiss the action. If the parties do not agree that the issues are resolved or if the court revokes the suspension order under subsection (2) of this section, the action shall proceed as if mediation had not been attempted. [1989 c.967 §10; 2015 c.202 §9] Note: See note under 36.252.
OR Rev Stat § 36.268 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.268 - Provision of mediation services contingent on funding.

The duty of the State Department of Agriculture and the Director of Agriculture to provide mediation services under ORS 36.252 to 36.268 is contingent upon the existence and the level of funding specifically made available to carry out that duty. Should continuation of mediation services be threatened for lack of funding, the department shall proceed with all diligence to secure additional funds, including but not limited to requesting an additional allocation of funds from the Emergency Board. [1993 c.163 §2] Note: See note under 36.252.
OR Rev Stat § 36.283 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.283 - Confidentiality of mediation communications and agreement.

(1) A mediation described in ORS 36.280 (1) is subject to ORS 36.220. (2) Except as provided under ORS 36.220 to 36.238, if the parties to a mediation described in ORS 36.280 have agreed in writing that all or part of the mediation communications or all or part of the terms of a mediation agreement are confidential, a cause of action exists against a party that discloses the confidential communications or terms for damages resulting from the disclosure. (3) ORS 36.280 does not require a party to a mediation proceeding to disclose confidential business information or to disclose other confidential information that may be adverse to the legal interests of the party. [2015 c.630 §2] Note: See second note under 36.280.
OR Rev Stat § 36.400 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.400 - Mandatory arbitration programs.

(1) A mandatory arbitration program is established in each circuit court. (2) Rules consistent with ORS 36.400 to 36.425 to govern the operation and procedure of an arbitration program established under this section may be made in the same manner as other rules applicable to the court and are subject to the approval of the Chief Justice of the Supreme Court. (3) Each circuit court shall require arbitration under ORS 36.400 to 36.425 in matters involving $50,000 or less. (4) ORS 36.400 to 36.425 do not apply to appeals from a county, justice or municipal court or actions in the small claims department of a circuit court. Actions transferred from the small claims department of a circuit court by reason of a request for a jury trial under ORS 46.455, by reason of the filing of a counterclaim in excess of the jurisdiction of the small claims department under ORS 46.461, or for any other reason, shall be subject to ORS 36.400 to 36.425 to the same extent and subject to the same conditions as a case initially filed in circuit court. The arbitrator shall not allow any party to appear or participate in the arbitration proceeding after the transfer unless the party pays the arbitrator fee established by court rule or the party obtains a waiver or deferral of the fee from the court and provides a copy of the waiver or deferral to the arbitrator. The failure of a party to appear or participate in the arbitration proceeding by reason of failing to pay the arbitrator fee or obtain a waiver or deferral of the fee does not affect the ability of the party to appeal the arbitrator’s decision and award in the manner provided by ORS 36.425. [Formerly 33.350; 1993 c.482 §1; 1995 c.618 §10; 1995 c.658 §30a; 1997 c.46 §§3,4; 2005 c.274 §1]
OR Rev Stat § 36.405 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.405 - Referral to mandatory arbitration; exemptions.

(1) Except as provided in ORS 30.136, in a civil action in a circuit court where all parties have appeared, the court shall refer the action to arbitration under ORS 36.400 to 36.425 if either of the following applies: (a) The only relief claimed is recovery of money or damages, and no party asserts a claim for money or general and special damages in an amount exceeding $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment. (b) The action is a domestic relations suit, as defined in ORS 107.510, in which the only contested issue is the division or other disposition of property between the parties. (2) The presiding judge for a judicial district may do either of the following: (a) Exempt from arbitration under ORS 36.400 to 36.425 a civil action that otherwise would be referred to arbitration under this section. (b) Remove from further arbitration proceedings a civil action that has been referred to arbitration under this section, when, in the opinion of the judge, good cause exists for that exemption or removal. (3) If a court has established a mediation program that is available for a civil action that would otherwise be subject to arbitration under ORS 36.400 to 36.425, the court shall not assign the proceeding to arbitration if the proceeding is assigned to mediation pursuant to the agreement of the parties. Notwithstanding any other provision of ORS 36.400 to 36.425, a party who completes a mediation program offered by a court shall not be required to participate in arbitration under ORS 36.400 to 36.425. [Formerly 33.360; 1995 c.455 §2a; 1995 c.618 §11; 1995 c.658 §31a; 1995 c.781 §32; 2005 c.274 §2; 2009 c.83 §3]
OR Rev Stat § 36.410 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 036 - Mediation and Arbitration|Section 36.410 - Stipulation for arbitration; conditions; relief.

(1) In a civil action in a circuit court where all parties have appeared and agreed to arbitration by stipulation, the court shall refer the action to arbitration under ORS 36.400 to 36.425 if: (a) The relief claimed is more than or other than recovery of money or damages. (b) The only relief claimed is recovery of money or damages and a party asserts a claim for money or general and special damages in an amount exceeding $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment. (2) If a civil action is referred to arbitration under this section, the arbitrator may grant any relief that could have been granted if the action were determined by a judge of the court. [Formerly 33.370; 1995 c.618 §12; 1995 c.658 §32; 2005 c.274 §3]