Current through Register Vol. 63, No. 9, September 1, 2024
(1) A facilitator conducting a resolution
conference under the Oregon Foreclosure Avoidance Program shall:
(a) Have conducted at least 20 mediations or
resolution conferences of any type or subject matter as a mediator or
facilitator. Work performed as an assistant or apprentice under the supervision
of a lead mediator or facilitator may also be counted toward the 20-resolution
conference requirement. Observations of sessions may not count toward work
performed as an assistant or apprentice;
(b) Provide evidence of at least 100 hours of
mediation or resolution conference experience as a mediator or facilitator or
as an assistant or apprentice mediator or facilitator. Work that a mediator or
facilitator performs to prepare for and schedule the mediation or resolution
conference or to prepare the parties for a mediation or resolution conference
may be counted towards this 100-hour requirement. Observations of sessions may
not count toward the 100-hour requirement;
(c) Disclose to the service provider the
professional standards to which the facilitator subscribes;
(d) Have successfully participated in at
least 30 hours of training that is consistent with the curriculum found in
Section 3.2 of the Oregon Judicial Department Court Connected Mediator
Qualification Rules effective August 1, 2005;
(e) Provide evidence of successful
participation in at least 16 hours of training on foreclosure avoidance
programs and the substantive law and legal processes regarding foreclosures in
Oregon including ORS Chapter 86; and
(f) Provide evidence of successful
participation in at least 8 hours of training on the procedures, practices and
policies of the Oregon Foreclosure Avoidance Program. This training shall
include some interactive instruction, such as role-playing.
(2) The service provider may grant
a waiver from the training requirements in subsections 1(d), 1(e) and 1(f) of
this rule upon a showing by the facilitator of significant and related
education or experience.
(3) The
service provider shall decide whether or not an individual:
(a) Meets the minimum qualifications as a
facilitator under these rules;
(b)
Is included on the foreclosure avoidance resolution conference roster; or
(c) Is assigned to a resolution
conference.
(4) An
individual who meets the minimum qualifications as a facilitator under these
rules or who is added to the foreclosure avoidance resolution conference roster
may not represent that fact as license or certification of their competency for
anything other than their role in the Oregon Foreclosure Avoidance
Program.
Stat. Auth.: 2013 OL Ch. 304 Sec. 6(1)(e)
Stats. Implemented: 2013 OL Ch. 304 Sec.
6(1)(e)