Oregon Divorce Mediation

Family Law – Oregon Divorce Mediation

There are 3 types of counties in this state. These can be differentiated as follows –

• The party which files the petition in the Court must inform the Court that there are disputes regarding issues like custody or parenting time with a minor child. Then, both the parties must do the following –
  • Attend a mediation orientation session
  • Attend a parenting class
  • Meet a mediator to attempt to solve the disputes
• When one or both parties request the Court to conduct a hearing on parenting time or custody, the Court requires that the parties should attend mediation
• There is no compulsion of mediation. However, the Court has a list of private mediators whom the parties have to request to help in solving parenting time and custody conflicts

It may occur that one of the parties might reasonably think that mediation is not suitable as they may have to face intimidation or violence. In such cases, as per the law in this state, the structure of the mediation is altered to minimize the peril or in some cases the requirement of mediation might be waived.

It is expected that each party should reveal their relevant information to their mediator before the sessions begin so that the mediator can help them to overcome the conflict. If the mediator is the county’s mediator, lawyers of the parties frequently do not remain present in the mediation sessions. If the mediator is a private party, the lawyers can attend such mediations. An additional issue is that if both the parties agree, lawyers may attend the mediation sessions.

Some mediators initially meet both the parties and their lawyers and further have discussions with each party in a confidential mode. The mediator switches between the parties till an agreement is made. This process is termed as caucusing.

Outcome of Oregon Divorce Mediation

At the close of the mediation, if the parties reach an agreement, then the mediator produces the written copy of the agreement which is to be reviewed by the parties and then they have to sign it. Further, the agreement is to be given to the Court to be approved. Sometimes the mediation involves support and financial issues and in these cases, the mediator produces the Memorandum of Agreement. The next task of the parties is to submit this memorandum to their attorneys and these fill up the papers for approval of the Court. If the mediator is a lawyer and a private party, this mediator may fill in the essential paperwork for effecting the agreement. The Court might summon a mediator to testify regarding the terms of the agreement.

When the mediation fails and the parties are not able to settle their conflict, then the case is passed to the Judge for trial. All the points that were disclosed during the mediation are treated confidential. Thus, the Judge determines the issues like child support, child custody, and property distribution etc without the knowledge of the positions of the parties during mediation.

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