Or. Admin. R. 438-019-0030 - Confidentiality

(1) Unless there is a written agreement otherwise, any communication made in mediation which relates to the controversy being mediated is confidential.

(2) The mediator shall create and maintain a separate mediation file. All memoranda, work product, and other materials contained in the mediation file are confidential.

(3) The names and case numbers of cases for which mediation has been requested and the outcomes of those mediations are not confidential.

(4) Any mediation agreement that requires approval by the Administrative Law Judge who mediated the agreement or the Board pursuant to ORS Chapter 656 and OAR Chapter 438 shall not be confidential.

(5) Statements, memoranda, materials, and other tangible evidence that are subject to discovery under the Board's Rules of Practice and Procedure are not confidential unless they were prepared specifically for use in mediation.

Notes

Or. Admin. R. 438-019-0030

WCB 1-1997, f. 3-20-97, cert. ef. 7-1-97; WCB 2-2007, f. 12-11-07, cert. ef. 1-1-08

Stat. Auth.: ORS 656.726(5)

Stats. Implemented: ORS 656.012(2)(b), 656.283(1), 656.283(9) & 656.289(4)