Oregon Administrative Rules
Chapter 115 - EMPLOYMENT RELATIONS BOARD
Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT
Section 115-040-0044 - Notice of Disclosure of Mediation Communications
Universal Citation: OR Admin Rules 115-040-0044
Current through Register Vol. 63, No. 9, September 1, 2024
(1) When a mediation is of a type described in OAR 115-040-0041(1), the agency must provide written notice to all parties to the mediation and the mediator informing them of the extent to which mediation communications may be confidential.
(2) The notice required by this rule must be in writing and must include:
(a) An explanation of the agency's role in
the mediation, including:
(A) Whether the
agency is a party; and
(B) Whether
the mediator is an employee, contractor or agent of the
agency.
(b) A statement
that:
(A) Mediation communications in
mediations not described in OAR 115-040-0041(1) are not confidential unless
provided otherwise by rules of this agency adopted pursuant to Oregon Laws
1997, chapter 670, section 3, or by other state or federal law; and
(B) The parties to the mediation may agree in
writing to less confidentiality and greater disclosure of mediation
communications.
(c) At
least one of the following:
(A) A copy of OAR
115-040-0040 and 115-040-0041 to 115-040-0044;
(B) A summary of OAR 115-040-0040 and
115-040-0041 to 115-040-0044; or
(C) Citations to the rules affecting the
confidentiality of mediation communications and a statement indicating where a
copy of these rules can be obtained.
(3) Any notice required by this rule is not confidential and may be disclosed.
Stat. Auth.: ORS 243.766(7), 240.086(3) & OL 1997, Ch. 670
Stats. Implemented: ORS 192.410 - 192.505
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