Or. Admin. Code § 860-002-0040 - Process and Timeline for Alternative Dispute Resolution

(1) A petition for alternative dispute resolution under these rules will be filed with the Commission and will state the names of the parties and an affirmation that the non-petitioning party has agreed to participate in an alternative dispute resolution process.

(2) Within one business day of the filing of a petition for alternative dispute resolution, the Commission will contact the parties to inform them that a mediator has been appointed and to schedule the first mediation session.

(3) Within one business day of the appointment of a mediator, the petitioner will serve upon the non-petitioning party and the mediator the supporting materials described in OAR 860-002-0050.

(4) Within seven business days of receiving supporting materials, the non-petitioning party will serve a response on the petitioner and the mediator.

(5) A mediation session will be held within 14 business days after the initial petition is filed. Subsequent mediation sessions may be scheduled, if both parties agree.

(6) If no agreement is reached in the mediation session and the parties do not request additional mediation sessions, then, no later than three business days following the mediation session, the mediator will file a statement with the Commission indicating that no agreement was reached.

(7) Upon being informed that no agreement was reached, the Commission's Administrative Hearings Division will provide notice in any associated complaint or declaratory ruling docket that the stay on procedural deadlines is lifted.

(8) After the notice is provided, if the parties would like to continue discussions outside of the mediation process, the parties may jointly file a motion to stay further complaint proceedings to facilitate further settlement discussion. Thereafter, either party may provide notice that will end the stay.

(9) Any deadline in this rule may be modified by the agreement of the parties.

Notes

Or. Admin. Code § 860-002-0040

PUC 4-2021, adopt filed 03/31/2021, effective 3/31/2021

Statutory/Other Authority: ORS 756.040 & ORS 756.060

Statutes/Other Implemented: ORS 183.502