Order Requiring Mediation Form (Page 2 of 2) in pdf

NOTICE

Mediation is a court sponsored, mandatory program, for parents trying to create or to change a custody

or parenting time plan for their child/ren. It is a valuable and useful tool that can help you settle your

case and maybe avoid going to court. It often results in a more workable schedule for parents and their

children than a court ordered plan.

During mediation, you and the other parent will meet with a mediator to talk about the issues

that are preventing the two of you from agreeing on a parenting plan. The mediator will help you talk

with each other. The mediator may ask questions to clarify your proposals, or suggest ideas you and

the other parent have not thought about before. The mediator’s role is to help you problem solve,

rather than make decisions for you. If you and the other parent cannot agree on a plan for your

children, the mediator will not pressure you to accept one. Everything you and the other parent talk

about in mediation is confidential, and the mediator will not express an opinion about your case to a

judge or any other court personnel. The only exception is if the mediator believes a child has been

abused or there is a serious threat of harm to another person.

If you and the other parent are able to reach agreement in mediation, the mediator can put your

decisions into writing. Each of you may sign the agreement. You may also decide to take steps to

make your agreement into a court order. If you have an attorney, it is important that you talk with your

attorney and review agreements before making them into a court order.

Children may not participate in your mediation session. It is not good for children to

participate because they may feel pressure to “take sides.” We also suggest that you do not bring your

child/ren with you to your appointment. Mediation can take more than an hour and waiting in the

waiting room while parents talk about difficult subjects is stressful for children. It is important for you

to make arrangements for child care before your appointment. Child care for children five and under

may be available in Room 214 at the Courthouse, through the Volunteers of America Court Care

Program. You can make reservations for your child or children ahead of time by calling (503) 988-

4334.

Mediation is helpful for many parents, but it may not be right for everyone. Mediation may not

be the best option when one or both parents have a serious alcohol or drug problem, an untreated

mental illness, or if there has been domestic violence.

If you are a victim of domestic violence by the other parent, you have the option to ask the court

for a waiver of mediation. Some people that have experienced domestic violence may feel afraid to be

in the same building or room with their abuser, or may find it difficult to mediate a “fair” agreement

because they feel intimidated. Mediators at Family Court Services are always willing to talk with you

about your situation and make sure that mediation will feel safe for you if you choose to mediate.

Please note that your scheduled mediation appointment may include an orientation to

mediation and an appointment with a mediator. This can take several hours, so please make

appropriate arrangements with your childcare provider, employer or transportation.

If you have any questions about mediation, call Family Court Services at 503-988-3189. If you believe

you should not participate in mediation due to domestic violence or for other reasons, forms for waiver

are available from the Family Law Clerk’s office in Room 211 of the Multnomah County Courthouse,

located at 1021 SW Fourth Avenue, Portland, Oregon. Forms are also online at the website for the

Multnomah County Circuit Court, on the Family Law pages.

Page 2 of 2

Revised 03/13/2013

Order Requiring Mediation Form Page 2