Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.
The following information regarding mediation of civil cases in state court is brought to you as a public service by the lawyers of the State of Oregon. The following explanation describes the general process of mediation of civil cases in Oregon state courts. Each county has unique rules, and you should read those county local rules or ask a lawyer. In addition, the federal trial courts in Oregon have their own programs for mediation of cases pending there. The material presented is intended to alert you to possible legal problems and solutions.
What is mediation in civil cases?
When people have a disagreement over issues in a civil case, mediation is a process that can help them reach an agreement through the use of a neutral person trained in problem solving. A civil case is generally a case where the parties are suing for money, such as a personal injury. There are private mediators in some Oregon counties who provide mediation services in civil cases.
Who is a mediator in civil case?
Most mediators in civil cases are lawyers with special mediation training and experience. The mediator chosen to mediate a civil case will not be a lawyer for either party, or have any significant prior relationship to the parties. The parties may choose a mediator who is not lawyer, such as an engineer, a realtor or certified public accountant, if that person’s expertise would be helpful in resolving the case.
What kind of civil cases are mediated?
Any type of civil case or issue in a civil case may be mediated so long as the parties agree it should be mediated. In addition, mediation is available before a lawsuit is even filed. The courts encourage mediation of disputes in civil cases for three reasons: the court system doesn’t have the resources to have a trial in every civil case; often the parties reach a better result in mediation; and people are often more satisfied with a mediated resolution.
What is the cost of civil mediation?
The cost of mediation in civil cases varies from county to county and, from case to case. There are organizations that contract with mediators and help administer the mediation services. Their fees range from $100 to $200 per hour of the mediator’s time, in addition to the cost, if any, of the parties’ lawyers. The mediator may initially demand that each side pay a deposit equal to half of the expected fee, but the parties may later negotiate for a different payment schedule. In cases in which one of the parties cannot pay the fee, some mediators will volunteer their services.
What is the procedure in civil mediation?
State courts do not require that parties to a civil case (except in small claim cases in some counties, when the amount in dispute is less than $750) mediate the case before the trial. However, many courts allow the parties to choose to mediate a case, rather than go through the court’s required arbitration procedure. The parties arrange for a private mediator to mediate their case, and the mediation may take place at the office of the mediator, of one of the attorneys, or at another neutral place.
Each party is typically encouraged to give information about the case to the mediator before the mediation session. A mediator may meet with all the parties and their lawyers initially, and then meet with each side confidentially, going back and forth between the parties until an agreement is reached. The mediation process is confidential so the parties do not have to be concerned that what they say or do in mediation will later be used against them
What happens at the end of civil mediation?
If the parties reach an agreement, the parties’ lawyer or the mediator will usually draw up an agreement that the parties sign. The agreement may be presented to the court for its approval. If the mediation involves complex issues or things that will need to be completed in the future, the mediator may draw up a memorandum of agreement, and then the parties’ lawyers will complete the papers required for court approval. Although a mediator may draw up the papers to finalize the agreement, it is more typical for the lawyers to prepare the documents. The parties may agree that the settlement terms are confidential, so that the only information available to the public is the fact that the case was settled and dismissed.
If the dispute is not settled in mediation, then the case proceeds to arbitration or trial before a judge or jury. Anything that was said in the mediation is confidential, so the judge or jury do not consider anything about the mediation when the case comes to trial.
This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.