Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 140 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 736-140-0004 - Selection and Procurement of Dispute Resolution Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may
			 select the collaborative DR provider or may opt to select the provider by
			 consensus of the participants.
(2)
			 A collaborative DR provider who has a financial interest in the subject matter
			 of the dispute, who is an employee of an agency in the dispute, who has a
			 financial relationship with any participant in the collaborative DR process or
			 who otherwise may not be impartial is considered to have a potential bias. If,
			 before or during the dispute resolution process, a provider has or acquires a
			 potential bias, the provider shall so inform all the participants. Any
			 participant may disqualify a provider who has a potential bias if the
			 participant believes in good faith that the potential bias will undermine the
			 ability of the provider to be impartial throughout the process.
(3) If the collaborative DR provider is a
			 public official as defined by ORS
			 244.020(15),
			 the provider shall comply with the requirements of ORS Chapter 244.
(4) If the agency procures the services of a
			 collaborative DR provider, the agency must comply with all procurement and
			 contracting rules provided by law. A roster of collaborative DR providers and a
			 simplified mediator and facilitator procurement process developed by the
			 Department of Justice may be used by the agency when selecting a collaborative
			 DR provider.
(5) If the
			 collaborative DR provider is a mediator or facilitator who is not an employee
			 of the agency, the participants shall share the costs of the provider, unless
			 the participants agree otherwise or the provider is retained solely by the
			 agency or by a non-participant.
(6)
			 Whenever the agency compensates a provider who is not an employee of the
			 agency, the state must execute a personal services contract with the provider.
			 If the agency and the other participants choose to share the cost of the
			 collaborative DR provider's services, the non-agency participants may enter
			 into their own contract with the provider or may be a party to the contract
			 between the agency and the provider, at the discretion of the agency. The
			 agency's contract with a provider must state:
(a) The name and address of the provider and
			 the contracting agency;
(b) The
			 nature of the dispute, the issues being submitted to the collaborative DR
			 process and the identity of the participants, as well as is known at the time
			 the contract is signed;
(c) The
			 services the provider will perform (scope of work);
(d) The compensation to be paid to the
			 provider and the maximum contract amount;
(e) The beginning and ending dates of the
			 contract and that the contract may be terminated by the agency or the provider
			 upon mutual written consent, or at the sole discretion of the agency upon 30
			 calendar days notice to the provider or immediately if the agency determines
			 that the DR process is unable to proceed for any reason.