For the purpose of mediations conducted by the Board, unless the context otherwise requires, the following definitions apply:

1. (1) Mediation. A voluntary process for resolving disputes by which a mediator assists two or more parties to a controversy in reaching a mutually acceptable resolution.
2. (2) Mediator. An Administrative Law Judge 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.
3. (3) Party. For purposes of OAR 438-085-0200 through 438-085-0260, “party” means any person identified in 438-085-0026(18) and any other person identified by the mediator as necessary to the mediation.

Statutory/Other Authority

ORS 654.025(2) & 654.078

Statutes/Other Implemented

ORS 183.502

History

WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98