Oregon Department of Justice

Attorney General John Kroger

Oregon Department of Justice - Attorney General John Kroger
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Confidentiality

Confidentiality considerations for mediation and facilitation involving Oregon state agencies

Confidentiality Rules - ORS 36.220 to 36.238 authorize state agencies to make mediation communications confidential. The statutes also allow agencies to limit the discovery and admissibility of mediation communications in subsequent proceedings. Except for certain workers compensation mediations, the confidentiality and inadmissibility provisions of these statutes are available to state agencies only by adopting, with the approval of the Governor, mediation confidentiality rules developed by the Attorney General.

List of agencies that have adopted the Attorney General's confidentiality rules.

Model Rule 137-005-0050 "Confidentiality of Collaborative Dispute Resolution Communications"

Model Agreement To Mediate