71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2339
LC 1184/HB 2339-4
HOUSE AMENDMENTS TO
HOUSE BILL 2339
By COMMITTEE ON JUDICIARY
April 12
On page 1 of the printed bill, line 2, delete ', 36.185 and
36.405' and insert 'and 107.755'.
Delete lines 4 through 30.
On page 2, delete lines 1 through 11.
In line 12, delete '3' and insert '1'.
In line 14, delete '(3)' and insert '(4)'.
Delete lines 19 through 27 and insert:
' (a) Mediation under ORS 107.755 to 107.785;
' (b) Conciliation services under ORS 107.510 to 107.610;
' (c) Expedited parenting time enforcement under ORS 107.434;
' (d) Education programs under ORS 3.425;
' (e) Investigations, evaluations, examinations and referrals
for services under ORS 107.425; and
' (f) Any other program or service to which parties may be
referred or that may be ordered by that court, including programs
or services established to assist the court or a family in a
domestic relations case if the presiding judge for the judicial
district has approved the program or service.
' (2) Before approving the provision of any program or service
under subsection (1)(d) to (f) of this section, the presiding
judge shall evaluate:
' (a) The need for programs and services described in
subsection (1)(a) to (c) of this section and the appropriate
level of funding for those programs and services; and
' (b) The impact on funding for the programs and services
described in subsection (1)(a) to (c) of this section that would
result from providing a program or service under subsection
(1)(d) to (f) of this section.'.
In line 28, delete '(2)' and insert '(3)'.
In line 33, delete '(3)' and insert '(4)'.
After line 42, insert:
' { + SECTION 2. + } ORS 107.755 is amended to read:
' 107.755. (1) No later than January 1, 1999, each judicial
district shall:
' (a) Provide a mediation orientation session for all parties
in cases in which child custody, parenting time or visitation
{ - are - } { + is + } in dispute { + , and in any other
domestic relations case in which mediation has been ordered + }.
The orientation session may be structured in any way the circuit
court determines best meets the needs of the parties. The
orientation session should be designed to make the parties aware
of:
' (A) What mediation is;
' (B) Mediation options available to them; and
' (C) The advantages and disadvantages of each method of
dispute resolution.
' (b) Except in matters tried under ORS 107.097 and 107.138 or
upon a finding of good cause, require parties in all cases
described in paragraph (a) of this subsection to attend a
mediation orientation session prior to any judicial determination
of the issues.
' (c) Provide mediation under ORS 107.755 to 107.785 in any
case in which child custody, parenting time and visitation are in
dispute.
' (d) Have developed a plan that addresses domestic violence
issues and other power imbalance issues in the context of
mediation orientation sessions and mediation of any issue in
accordance with the following guidelines:
' (A) All mediation programs and mediators must recognize that
mediation is not an appropriate process for all cases and that
agreement is not necessarily the appropriate outcome of all
mediation;
' (B) Neither the existence of nor the provisions of a
restraining order issued under ORS 107.718 may be mediated;
' (C) All mediation programs and mediators must develop and
implement:
' (i) A screening and ongoing evaluation process of domestic
violence issues for all mediation cases;
' (ii) A provision for opting out of mediation that allows a
party to decline mediation after the party has been informed of
the advantages and disadvantages of mediation or at any time
during the mediation; and
' (iii) A set of safety procedures intended to minimize the
likelihood of intimidation or violence in the orientation
session, during mediation or on the way in or out of the building
in which the orientation or mediation occurs;
' (D) When a mediator explains the process to the parties, the
mediator shall include in the explanation the disadvantages of
mediation and the alternatives to mediation;
' (E) All mediators shall obtain continuing education regarding
domestic violence and related issues; and
' (F) Mediation programs shall collect appropriate data.
Mediation programs shall be sensitive to domestic violence issues
when determining what data to collect.
' (e) In developing the plan required by paragraph (d) of this
subsection, consult with one or more of the following:
' (A) A statewide or local multidisciplinary domestic violence
coordinating council.
' (B) A nonprofit private organization funded under ORS
108.620.
' (2) Notwithstanding any other provision of law, mediation
under ORS 107.755 to 107.785, including the mediation orientation
session described in subsection (1)(a) of this section, may not
be encouraged or provided in proceedings under ORS 30.866,
107.700 to 107.732, 124.005 to 124.040 or 163.738.
' (3) The court, as provided in ORS 3.220, may make rules
consistent with ORS 107.755 to 107.785 to govern the operation
and procedure of { - the - } mediation provided { + under
this section + }.
' (4) If a court provides mediation of financial issues, it
shall develop a list of mediators who meet the minimum education
and experience qualifications required by rule of the Dispute
Resolution Commission. The rules must require demonstrated
proficiency in mediation of financial issues. Once the list is
developed, the judicial district shall maintain the list. { +
Mediation of financial issues is subject to the plan developed
under subsection (1)(d) of this section and to the limitations
imposed by subsection (2) of this section. + }
' (5) A circuit court may provide mediation in connection with
its exercise of conciliation jurisdiction under ORS 107.510 to
107.610, but a circuit court need not provide conciliation
services in order to provide mediation under ORS 107.755 to
107.785.'.
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