1. (1) Eligible parties to the facilitated dispute resolution process must engage the Advocate and the other parties in good faith for the duration of the process. A party’s good faith effort to participate in the dispute resolution process can be demonstrated by the following non-exhaustive conduct:

   1. (a) Maintaining an open channel of communication with the Advocate and the Office;
   2. (b) Responding in a timely manner to requests for information from the Advocate;
   3. (c) Honestly and fairly deal with the Advocate and with other parties;
   4. (d) Complying with applicable public records law; and
   5. (e) Not seeking to unreasonably delay the dispute resolution process by refusing to cooperate or intentionally withholding information that is helpful to the resolution of the public records dispute.
2. (2) The failure of an eligible party to comply with subsection (1) may result in termination of the facilitated dispute resolution process or, if the process has not yet begun, the Advocate’s determination that the proceeding will not commence. Such a determination by the Advocate is final. Furthermore, the Advocate may choose to refuse to offer subsequent facilitated dispute resolution services to a party that has failed to comply with subsection (1) until the party has stated in writing its willingness to comply with this section.

3. (3) Consistent with the Office’s Diversity, Equity, and Inclusion Plan, the Advocate is committed to ensuring equitable access to information and resources to all parties and will strive to eliminate barriers, address disparities, foster inclusivity, and honor diverse perspectives in the course of providing facilitated dispute resolution services. The Advocate shall provide facilitated dispute resolution services with the following guidelines for conduct:

   1. (a) Practice active listening, empathy, and validation;
   2. (b) Be sensitive to and aware of cross-cultural issues;
   3. (c) Maintain neutrality;
   4. (d) Identify and reframe interests and issues;
   5. (e) Establish trust and respect; and
   6. (f) Use techniques to achieve agreement, including creating a climate conducive to resolution, identifying options, working toward agreement, and reaching consensus.

Statutory/Other Authority

ORS 192.464 & ORS 192.468

Statutes/Other Implemented

ORS 192.464 & ORS 192.468

History

PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025