71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 840
 
                         House Bill 2277
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Bill Witt)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires that statements in mediation in domestic relations
proceedings be under oath or corroborated by other evidence.
Requires that copies of mediator's report in domestic relations
proceedings be provided to parties or counsel for parties.
 
                        A BILL FOR AN ACT
Relating to mediation in domestic relations proceedings; amending
  ORS 107.785.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 107.785 is amended to read:
  107.785. (1) All mediation proceedings under ORS 107.755 to
107.785 shall be held in private, and all persons other than
mediation services personnel, the parties, their counsel and
children of the parties shall be excluded.
  (2) All communications, verbal or written, made in mediation
proceedings shall be confidential. A party or any other
individual engaged in mediation proceedings shall not be examined
in any civil or criminal action as to such communications and
such communications shall not be used in any civil or criminal
action without the consent of the parties to the mediation.
Exceptions to testimonial privilege otherwise applicable under
ORS 40.225 to 40.295 do not apply to communications made
confidential under this subsection.
   { +  (3) All statements, verbal or written, made to a mediator
by a party or other individual engaged in mediation proceedings
shall be verified by the oath of the party or individual making
the statement or corroborated by other evidence. The mediator's
report to the court made under the provisions of ORS 107.765 (2)
may quote or use as a basis of an opinion a verbal or written
statement of a party or an individual only if the verbal or
written statement is made under oath or is corroborated by other
evidence. + }
    { - (3) - }   { + (4) + } All records of the court with
respect to mediation proceedings shall be closed except for:
  (a) Records reflecting which cases have been referred for
mediation under ORS 107.765 (1);
  (b) The mediator's report to the court made under the
provisions of ORS 107.765 (2) { + . Copies of the mediator's
report to the court shall be made available to counsel for a
 
party or, if a party is not represented by counsel, to the
party + }; and
  (c) Information used to compile statistical data.
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