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 1184
A-Engrossed
House Bill 2339
Ordered by the House April 12
Including House Amendments dated April 12
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for Judicial Department)
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.
{ - Allows presiding judge of circuit court to establish
mandatory mediation program for specified categories of
cases. - }
Expands types of services that may be funded by certain fees
collected in specified domestic relations cases. { + Requires
presiding judge to evaluate impact on mediation, conciliation and
expedited parenting time enforcement before approving certain
other services and programs. Clarifies that mediation of
financial issues may not be provided in certain situations. + }
A BILL FOR AN ACT
Relating to courts; amending ORS 21.112 and 107.755.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 21.112 is amended to read:
21.112. (1) The clerk of the court shall collect at the time a
proceeding described in subsection { - (2) - } { + (4) + } of
this section is filed a fee in an amount determined by the
governing body of the county to be necessary in the particular
type of case, in addition to any other funds used therefor, to
pay the expenses of providing
{ - the services required or allowed by ORS 107.434, 107.510 to
107.610 and 107.755 to 107.785 and established by order or rule
of the governing body filed with the clerk of the court. - }
{ + :
(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.
(3) + } The fees provided for in this section are in addition
to all other fees that are collected by the clerk at the time the
proceeding is filed. Fees collected under this section shall be
paid, in the manner determined by the State Court Administrator,
to the appropriate officer of the county within the first 25 days
of the month following the month in which collected. The fees
shall be used by the county to pay the expenses { - of
providing the services - } { + specified in subsection (1) of
this section + }.
{ - (2) - } { + (4) + } The additional fee established by
this section shall be collected by the clerk:
(a) In the following proceedings:
(A) Proceedings for dissolution of marriage, annulment of
marriage or separation.
(B) Filiation proceedings under ORS 109.124 to 109.230.
(C) Proceedings to determine custody or support of a child
under ORS 109.103.
(D) Proceedings for modifications of orders issued under
subparagraphs (A) to (C) of this paragraph.
(E) Proceedings under ORS 107.434.
(b) Notwithstanding ORS 21.111 (3), for responses in any of the
proceedings listed in paragraph (a) of this subsection.
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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