If claimant and respondent agree to a mediation settlement, the following apply:

1. (1) The agency shall notify the claimant that the claimant must notify the agency in writing whether the terms of the settlement have been fulfilled within 30 days of the date shown on the mediation settlement for completion of the terms of the settlement.
2. (2) If the claimant notifies the agency that the terms of the mediation settlement agreement have been fulfilled, or fails within 30 days to notify the agency that terms of the mediation settlement have not been fulfilled, the agency shall consider the claim satisfied.

3. (3) If the claimant notifies the agency within 30 days of the date shown on the mediation settlement for completion that the terms of the mediation settlement have not been fulfilled, the agency shall make inquiry, investigation, or both into what is alleged not to have been fulfilled.

   1. (a) If the agency agrees that those terms have not been fulfilled, the agency may provide the respondent an opportunity to fulfill the terms and forward the claim to the board for issuance of an order for award of damages if the terms remain unfulfilled for a period of time determined by the agency, or may forward the claim directly to the board for issuance of an award for damages.
   2. (b) If the agency determines those terms have been fulfilled, the agency may consider the claim satisfied.

Statutory/Other Authority

ORS 183, 670.310 & 671.670

Statutes/Other Implemented

ORS 183.415, 183.460 & 671.703

History

LCB 6-2016, f. & cert. ef. 5-23-16
LCB 4-2002, f. & cert. ef. 12-4-02
LCB 3-2000, f. & cert. ef. 7-26-00
LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00
LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030
LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95
LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92
LCB 3-1991(Temp), f. & cert. ef. 12-3-91
Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88
LC 1-1984, f. & ef. 7-17-84
LC 1-1981, f. & ef. 10-8-81
LC 3, f. & ef. 2-7-77