1. (1) Entities with approval authority shall compile and maintain a list of potential mediators.
2. (2) Within 10 calendar days of receipt of a written request to mediate, the SHPO shall provide the disputing parties with a list of at least three potential mediators, including written credentials of each one.
3. (3) Within 10 calendar days of receipt of the list of potential mediators, each disputing party shall notify the SHPO if one or more of the mediators is acceptable.
4. (4) Disputing parties may interview potential mediators. All parties shall agree on the choice of mediator within five working days after the list of acceptable mediators is forwarded to the SHPO.

5. (5) The mediator shall assist the disputing parties in preparing for mediation. Such preparations shall include:

   1. (a) A statement of the issues to be mediated;
   2. (b) A list of the parties participating in the mediation;
   3. (c) An estimated completion date for the mediation process. By mutual consent, deadlines may be established for ending or continuing the mediation process;
   4. (d) A statement of what shall constitute agreement. An understanding of what constitutes agreement shall include adequate time for each disputing party’s decision-making body to ratify a tentative agreement reached by the mediator and the disputing parties;
   5. (e) Throughout the dispute resolution process, the location of archaeological sites and objects will be kept from public disclosure pursuant to ORS 192.345(11), and include provisions for protecting confidential information about traditional or sacred places and practices, or other sensitive information associated with archaeological sites and objects;
   6. (f) Provisions for payment of the mediator’s services, if the services are not voluntary;
   7. (g) Any other procedural matters the disputing parties determine need resolution before mediation begins on the substantive issues.

Statutory/Other Authority

ORS 390.124 & ORS 390.240

Statutes/Other Implemented

ORS 390.240

History

PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023
PR 6-1994, f. & cert. ef. 4-22-94