Oregon court rules & publisher orders

SLR 8.011 — Mediation of Child Custody and Parenting Time

Jackson County Supplementary Local Rules (2026) · physical PDF page 17–19 · 2026

8.011 Mediation of Child Custody and Parenting Time
(1) In any domestic relations suit involving a contest over custody or parenting time
of children, the parties shall make themselves available to the court’s mediation
service. A notice from the mediation service must be filed with the court stating
that the parties have cooperated, and the mediation has been unsuccessful
before a trial or hearing on the merits is to be held.

(2) The parties may select, by stipulation, a private mediator. The parties shall
directly contract with the private mediator and be responsible for payment of the
mediator’s fees. If independent mediation is selected, a written stipulation
indicating the name of the mediator shall be filled with the court.

(3) A case filed in the Jackson County Circuit Court remains under the jurisdiction of
that court in all phases of the proceedings, including mediation. Any agreement
of the parties reached as a result of mediation for which court enforcement may
be sought must be presented to the court and the court shall retain final authority
to accept, modify, or reject the agreement. At any point during the mediation, the
court may approve a temporary custody and parenting time order reflecting the
parties' agreement as to those issues.

(4) To qualify as a court-approved mediator, a person must:

(a) Meet the requirements of UTCR chapter 12;

(b) Sign and file an application with the court; and

(c) Receive approval by the Presiding Judge, upon recommendation of the
Domestic Relations Mediation Screening Committee.

(5) Upon a showing of good cause, the Presiding Judge may allow appropriate
substitutions, or allow a waiver, of the minimum requirements consistent with
UTCR chapter 12.

(6) The Presiding Judge may remove a mediator from the court-approved list at any
time at the Presiding Judge’s discretion.

(7) A mediator has authority and control over the mediation process; but a mediator
has no control or authority over the parties or over their decisions in the case. A
mediator shall encourage disputing parties to obtain individual legal review and
advice of any mediated agreement before signing any agreement. Further, the
mediator shall not act as a lawyer for either party.

(8) In all cases which have been referred to a court-appointed mediator, the
mediator shall make a final report to the court describing the conclusion of the
Effective February 1, 2026
JUDICIAL DISTRICT 1 (JACKSON COUNTY) SUPPLEMENTARY RULES                                                                                         Page 18 of 42
mediation, whether successful or unsuccessful, and in a manner prescribed by
the court.

(9) The mediator shall prepare a written memorandum of any agreement which the
parties reach as a result of the mediation. The unsigned, proposed memorandum
of agreement shall be distributed to the parties and to their attorneys by the
mediator. If the parties choose to sign the memorandum of agreement after
having had an opportunity to review it with a lawyer, the document may then be
incorporated into a Court Order or Judgment.

(10) The mediator may notify the court at any time following the initial mediation
session involving the parties and the mediator that the mediation was
unsuccessful, in which case the proceeding will be scheduled for hearing. The
mediator may determine that the mediation has been unsuccessful if the parties
are unable to resolve the custody or parenting plan controversy; or, if one or both
parties are unwilling to participate in mediation; or, if the mediator determines
that either party is using the mediation process in bad faith for the delay of
resolution of other issues.

(11) In issues subject to mandatory mediation under these rules (custody and
parenting plan), Jackson County shall compensate the mediator at a per case
rate set by the Presiding Judge. Mediators will be credited for each case
assigned. All meetings surrounding the case, from the time of appointment for a
period of four (4) months will constitute one (1) case. Each case includes time for
administrative requirements including setting appointments, corresponding with
parties and attorneys, mediation sessions, and for time spent drafting the parties’
agreements.

(12) In the event both parties do not appear at a scheduled mediation session without
at least 24 hours advanced notice to the mediator, the mediator may request a
cancellation fee, set by the Presiding Judge. Alternatively, the mediator may
mediate with one party if shuttle mediation would be helpful in resolving the case
and charge the set per case rate. The party canceling must provide advance
notice on a regular business day to avoid imposition of the cancellation fee. In
order to charge the cancellation fee, the mediator must send a written notification
identifying the responsible parent and the amount charged, to the assigned judge
and both parties, through their attorneys if they are represented. The mediator
shall refer the case back to the court after two no shows on any one case. The
assigned judge will allocate the cost of any no shows to the responsible party, in
the absence of good cause.

(13) The parties may agree to mediate the financial issues, including, but not  limited
to, property and debt division, and support. The court may also refer matters to
mediate on the motion of one (1) party, or on the court’s own motion. In the event
the parties agree to mediate financial issues, the mediator is to be compensated
at a rate set by and directly paid by the parties to the mediator.
Effective February 1, 2026
JUDICIAL DISTRICT 1 (JACKSON COUNTY) SUPPLEMENTARY RULES                                                                                         Page 19 of 42
      (14)   Regarding issues not involving mandatory mediation, the parties may agree to
mediate with the court-appointed mediator; but the compensation arrangement
shall be between the parties and mediator, as they may agree in writing, and the
compensation rate shall be negotiated between the parties and mediator, unless
the court has entered an order allowing for payment.

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