1. (1) Mediation. Mediation is a voluntary process for resolving disputes by which an independent neutral third person, in the role of mediator, assists two or more parties to a controversy in reaching a mutually acceptable resolution. For purposes of OAR chapter 438, division 019, mediation does not pertain to dispute resolution governed by ORS 656.307(6).
2. (2) Mediator. A mediator is an independent neutral third person whose role is to assist the parties in resolving their dispute by mutual agreement. The mediator has no authority to decide the outcome of the controversy or to force settlement upon the parties. The mediator, for purposes of these rules, is an employee of the Workers’ Compensation Board, with the authority of an Administrative Law Judge, who satisfies the qualifications prescribed in OAR 438-019-0010(1) and (2).
3. (3) Party. For purposes of OAR chapter 438, division 019, party means any person identified in 438-005-0040(10) and any other person identified by the mediator as necessary to the mediation.

Statutory/Other Authority

ORS 656.726(5)

Statutes/Other Implemented

ORS 656.012(2)(b), 656.283(1), 656.283(9) & 656.289(4)

History

WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02
WCB 1-1997, f. 3-20-97, cert. ef. 7-1-97