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 221
 
                         House Bill 2410
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Lane
  Shetterly for Polk County Victim Offender Reconciliation
  Program)
 
 
                             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.
 
  Extends limitations on liability for dispute resolution
programs to officers, directors, employees and agents of
programs.  Extends certain limitations on liability to dispute
resolution services.
 
                        A BILL FOR AN ACT
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. + }
                         ----------