Oregon court rules & publisher orders

UTCR 12.040 — MEDIATOR ETHICS

2026 Uniform Trial Court Rules — Chapter 12 · physical PDF page 4–5 · 2026

12.040 MEDIATOR ETHICS
An approved mediator, when mediating under ORS 36.185 to 36.210 or ORS 107.755
to 107.795, is required to:
(1) Disclose to the determining authority and the participants at least one of the
relevant codes of mediator ethics, standards, principles, and disciplinary rules of
the mediator’s relevant memberships, licenses, or certifications.  It is not the
court’s responsibility to enforce any relevant codes of mediator ethics, standards,
principles, and/or rules;
(2) Comply with relevant laws relating to confidentiality, inadmissibility, and
nondiscoverability of mediation communications including, but not limited to,
ORS 36.220, 36.222, and 107.785; and
(3) Inform the participants prior to or at the commencement of the mediation of each of
the following:
(a) The nature of mediation, the role and style of the mediator, and the process
that will be used;
2026 UTCR 12.5
(b) The extent to which participation in mediation is voluntary and the ability of
the participants and the mediator to suspend or terminate the mediation;
(c) The commitment of the participants to participate fully and to negotiate in
good faith;
(d) The extent to which disclosures in mediation are confidential, including during
private caucuses;
(e) Any potential conflicts of interest that the mediator may have, i.e., any
circumstances or relationships that may raise a question as to the mediator’s
impartiality and fairness;
(f) The need for the informed consent of the participants to any decisions;
(g) The right of the parties to seek independent legal advice, including review of
the proposed mediation agreement before execution;
(h) In appropriate cases, the advisability of proceeding with mediation under the
circumstances of the particular dispute;
(i) The availability of public information about the mediator pursuant to
UTCR 12.050; and
(j) If applicable, the nature and extent to which the mediator is being supervised.

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Captured 2026-10-18T22:31:14.366876+00:00 · Published 2026 chapter effective 2026-08-01; apply with separately indexed amending Chief Justice Orders

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