SLR 8.012 — Domestic Relations Mediation Program
8.012 Domestic Relations Mediation Program
(1) Mediation Requirement. In any domestic relations case not exempted under
paragraph (2) of this rule, all parties are required to participate in mediation
regarding any contested issue involving child custody, parenting time, or
visitation. Mediation may be conducted in-person or by remote means.
(2) Exemption from the Mediation Requirement. Any party exempt from mediation
under the provisions of this paragraph shall follow the process to request a
waiver of mediation described in paragraph (5). The following circumstances
exempt a domestic relations case from mediation under this rule:
(a) Cases in which the parties are subject to a criminal no-contact order or an
active protective order, including but not limited to:
(i) Family Abuse Prevention Act Orders.
(ii) Stalking Protective Orders.
(iii) Elderly Persons and Persons with Disabilities Abuse
Prevention Act Orders.
(iv) Sexual Abuse Protective Orders.
Notwithstanding the exemptions listed above, mediation may occur at the
request of the protected person so long as the circumstances of mediation do
not violate the terms of the no-contact or protective order.
(b) Any matter involving a minor child or youth who is a party in a pending
juvenile court case or in the temporary or permanent custody or wardship of
the Department of Human Services or the Oregon Youth Authority.
(c) Cases in which the parties have submitted a stipulated judgment signed by
both parties that fully resolves all contested issues involving child custody,
parenting time, or visitation.
(d) Cases in which the responding party has been found by the court to be in
default or has waived further appearance in the matter.
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SLR Effective February 1, 2026
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Coos/Curry County Circuit Courts
(3) Limitations on Issues and Claims Subject to the Mediation Requirement. The
following issues and claims are not subject to the mediation requirement under
this rule:
(a) "Immediate danger" motions seeking an order for temporary custody and/or
parenting time under ORS 107.097(3) or 107.139.
(b) “Status quo" motions seeking a temporary protective order of restraint issued
under ORS 107.097(2) or 107.138.
(c) Motions to modify or revoke financial restraining orders issued under ORS
107.093.
(d) Controversies concerning child support, spousal support, and/or the division
of property or debt.
(e) Orders of Assistance.
(4) Mediation is required for any contested issue involving child custody, parenting
time, or visitation even if an accompanying issue is otherwise excluded from
mediation under paragraph (3).
(5) Waiver of Mediation and other Resolution Process. A party may not waive
mediation without a court order. To request an order allowing waiver, a party must
file a Motion to Waive Mediation and Declaration in Support with the court, in
substantial conformity with Appendix II, or from the court's website, located at
[Link to online form.]. An order to waive mediation may be granted on a party's or
the court's own motion after a showing of good cause.
(6) Mediation Orders.
(a) Upon receipt of a filed response contesting any issue involving child custody,
parenting time, or visitation, the court will send the parties, or the attorneys (if
represented), a Notice Regarding Mandatory Mediation and an Order for
Mediation. The parties are directed to begin the process of mediation within
fourteen (14) days of the receipt of the order. The order will include contact
information for mediation provider services. The parties must conclude the
mediation at least thirty (30) days before trial or hearing on the merits, or such
later time as may be allowed by the court on motion and affidavit or
declaration showing good cause.
(b) If private mediation is sought and the parties are unable to agree on a private
mediator or payment of fees of the mediator, any party may file a motion and
supporting declaration with the court requesting that the court determine the
mediator and payment of fees.
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Coos/Curry County Circuit Courts
(7) Good Faith. The parties must participate in mediation in good faith which shall
include a mediation orientation, at least one mediation session and up to six hours
of total court connected mediation. Mediation shall not be used by any party for
the purposes of harassment or delay.
(8) Compliance. Court Connected Mediators will file a notice with the court when
parties have attended mediation as authorized by ORS 107.765(2). In cases in
which the parties complete mediation or other dispute resolution process required
by this rule by a means other than Court Connected Mediation, each party must
file a Certificate of Required Dispute Resolution in substantial conformity with
Appendix III or from the court's website, located at [Link to online form.] The
certificate must be filed at least seven (7) days in advance of the hearing or
trial. If the certificate has not been filed (or the requirement waived) in a case
scheduled for hearing or trial, the court may find that the parties are not ready
to proceed to hearing or trial and impose sanctions for failing to comply with this
rule, including but not limited to, delaying the hearing or trial date, dismissing
the case, or refusing to allow a party to present evidence at the hearing or trial.
Even if the parties have failed to participate in mediation, the court in its sole
discretion may proceed to trial if it determines it is in the best interest of the
parties to proceed.
CHAPTER 9 – PROBATE/PROTECTIVE PROCEEDINGS:Open publisher PDF at this page ↗
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