Except as provided in this rule, a mediator may not disclose or
be compelled to disclose mediation communications in mediations described in
OAR
115-040-0041(1)
and, if disclosed, such communications may not be introduced into evidence in
any subsequent administrative, judicial or arbitration proceeding unless all
the parties to the mediation and the mediator agree in writing to the
disclosure.
(1) In an action for
damages or other relief between a party to the mediation and a mediator or
mediation program, a mediator may disclose mediation communications to the
extent that those communications may be necessary to prosecute or defend the
matter. At the request of a party, the court may seal any part of the record of
the proceeding to prevent further disclosure of the mediation communications or
agreements.
(2) A mediator may
disclose confidential mediation communication directly related to child abuse
or elder abuse if the mediator is a person who has a duty to report child abuse
under ORS 419B.010 or elder abuse under
124.050 to 124.095.
(3) A mediator
may disclose confidential mediation communications if the mediator reasonably
believes that disclosing the communication is necessary to prevent a party from
committing a crime that is likely to result in death or bodily injury to any
person.
(4) A mediator may disclose
a mediation communication if, as a condition of a professional license, the
mediator is compelled by law or the rule of a court to disclose a communication
related to the conduct of another licensed professional.
(5) When the only parties to the mediation
are public bodies, mediation communications and mediation agreements are not
confidential except to the extent those communications or agreements are exempt
from disclosure under ORS
192.410 to
192.505 and may be disclosed and
introduced into evidence in any subsequent proceeding.
(6) When the parties to the mediation include
a private party and two or more public bodies, mediation communications are not
confidential if the laws, rules or policies governing mediation confidentiality
for at least one of the public bodies provide that mediation communications in
the mediation are not confidential and may be disclosed and introduced into
evidence in any subsequent proceeding.
(7) When a person acts as the mediator in the
mediation and also acts as the hearing officer in a contested case involving
some or all of the same matters, the communications in the mediation are not
confidential and may be disclosed and introduced into evidence in any
subsequent proceeding.
(8) A
mediator may disclose mediation communications described in OAR
115-040-0043 and such communications may be introduced into evidence in any subsequent
proceeding to the extent provided in that rule.
(9) The terms of any mediation agreement are
not confidential, may be disclosed and may be introduced as evidence in any
subsequent proceeding.
