Chapter 72 Oregon Laws 2001

AN ACT

HB 2410

Relating to dispute resolution; creating new provisions; and amending ORS 36.210.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 36.210 is amended to read:

36.210. (1) Mediators, mediation programs and dispute resolution programs providing services under ORS 36.100 to 36.245 and mediators or other community programs providing dispute resolution services that the Dispute Resolution Commission determines comply with the standards established under ORS 36.175 are not civilly liable for any act or omission done or made while engaged in efforts to assist or facilitate a mediation or in providing other dispute resolution services, 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.

(2) Mediators, mediation programs and dispute resolution programs are not civilly liable for the disclosure of a confidential mediation communication unless the disclosure was made in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another.

(3) The limitations on liability provided by this section apply to the officers, directors, employees and agents of mediation programs and dispute resolution programs.

SECTION 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 36.210 by section 1 of this 2001 Act apply to all causes of action, whether arising before, on or after the effective date of this 2001 Act.

(2) The amendments to ORS 36.210 by section 1 of this 2001 Act do not apply to any cause of action for which a judgment has been entered in the register of a court before the effective date of this 2001 Act.

Approved by the Governor April 10, 2001

Filed in the office of Secretary of State April 10, 2001

Effective date January 1, 2002

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