Chapter 12 Oregon Laws 2007

 

AN ACT

 

HB 2139

 

Relating to mediation; amending ORS 36.228.

 

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

 

          SECTION 1. ORS 36.228 is amended to read:

          36.228. (1) Notwithstanding any other provision of ORS 36.220 to 36.238, if the only parties to a mediation are public bodies, mediation communications and mediation agreements in the mediation are not confidential except to the extent those communications or agreements are exempt from disclosure under ORS 192.410 to 192.505. Mediation of workplace interpersonal disputes between employees of a public body is not subject to this subsection.

          (2) Notwithstanding any other provision of ORS 36.220 to 36.238, if two or more public bodies are parties to a mediation in which a private person is also a party, mediation communications in the mediation are not confidential if the laws, rules or policies governing confidentiality of mediation communications for at least one of the public bodies provide that mediation communications in the mediation are not confidential.

          (3) Notwithstanding any other provision of ORS 36.220 to 36.238, if two or more public bodies are parties to a mediation in which a private person is also a party, mediation agreements in the mediation are not confidential if the laws, rules or policies governing confidentiality of mediation agreements for at least one of the public bodies provide that mediation agreements in the mediation are not confidential.

 

Approved by the Governor March 29, 2007

 

Filed in the office of Secretary of State March 29, 2007

 

Effective date January 1, 2008

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