Reviewed August 2026
Mediation in Oregon
Oregon requires every judicial district to run a mediation program for contested custody, parenting time, and visitation disputes. Parties in those disputes must attend a mediation orientation session before a judge decides the issues. Under ORS 107.755(1)(b), the orientation requirement applies whenever custody, parenting time, or visitation is in dispute. There are narrow exceptions for certain proceedings and for good cause the court finds. Attending orientation is not the same as being forced into mediation. ORS 107.765 gives the court discretion to refer the actual contested issues to mediation. The goal is to help parties reach a workable settlement instead of litigating. Oregon built its mediation law with domestic violence in mind. Every mediation program must have a documented plan for screening domestic violence and power imbalance issues. Oregon's mediation statutes date back to 1983. That makes the state one of the earlier adopters of structured, court-connected custody mediation nationally.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under Oregon law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Oregon paperwork. See how Virdix works for California divorces.
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The mandatory orientation session
ORS 107.755(1)(a) requires each judicial district to provide a mediation orientation session. This applies to all parties in custody, parenting time, or visitation disputes, and any other domestic relations case where mediation has been ordered. The orientation covers what mediation is, the mediation options available, and the advantages and disadvantages of each dispute resolution method.
Under 107.755(1)(b), parties in those cases must attend orientation before a judge decides the issues. There are exceptions for certain restraining-order-related proceedings under ORS 107.097 and 107.138, or when the court finds good cause to excuse it. The district must also provide the actual mediation service itself under 107.755(1)(c), for any case where custody, parenting time, or visitation is disputed.
Domestic violence screening is built into the law
ORS 107.755(1)(d) requires every mediation program to have a written plan addressing domestic violence and power imbalance issues. The program must develop this plan in consultation with a domestic violence coordinating council or a funded nonprofit organization. That plan must include three things. First, a domestic violence screening and ongoing evaluation process for all mediation cases. Second, a way for a party to opt out of mediation at any point after learning about its advantages and disadvantages. Third, safety procedures to reduce the risk of intimidation or violence during orientation, mediation, or getting to and from the building.
Oregon law also draws a hard line. Neither the existence of a restraining order issued under ORS 107.718, nor its provisions, may be mediated. Under 107.755(2), mediation, including the orientation session, cannot be encouraged or provided at all in certain proceedings. These include stalking protective order cases under ORS 30.866, restraining order proceedings under ORS 107.700 to 107.735, elder abuse protective order cases under ORS 124.005 to 124.040, and certain sexual abuse protective order cases under ORS 163.738.
What mediation covers and how referral works
Under ORS 107.765(1), the court may refer contested issues to mediation once the pleadings make clear that custody, parenting time, or visitation is contested. This can happen before or alongside setting the matter for a hearing. Unless the court has separately arranged for mediation of financial issues under 107.755(4), the mediator cannot address property division or spousal or child support without written approval from both parties or their attorneys.
At the end of mediation, the mediator reports the outcome to the court and to counsel under 107.765(2). If the parties reach an agreement, the mediator reports it in writing so it can be built into a proposed order or judgment. If they do not agree, the mediator reports only that fact, without making a recommendation, unless both parties consent in writing to something more.
Who provides mediation and mediator qualifications
ORS 107.775 gives a circuit court several ways to provide mediation services, with county approval. It can use its existing conciliation service personnel, contract with public or private agencies, or employ or contract with mediators directly. Anyone providing mediation services for the court must meet minimum education and experience qualifications, set by rules adopted under ORS 1.002. For mediation of financial issues specifically, ORS 107.755(4) requires the court to keep a list of mediators who meet those qualifications and show demonstrated proficiency in financial mediation.
Counties, not the state, pay the compensation and expenses of court mediation personnel under 107.775(3). Parties can also choose, at their own expense, to use a mediator outside the court's program under 107.775(4). Two or more counties can also join together to run shared mediation services under 107.775(5).
Confidentiality and other available remedies
ORS 107.785 requires mediation proceedings to be held in private. Only mediation staff, the parties, their counsel, and the parties' children may be present. All verbal and written communications made during mediation are confidential. A participant cannot be examined about them in a civil or criminal case, and they cannot be used in court without consent from both parties to the mediation. Court records about mediation stay closed, except for records showing which cases were referred, the mediator's outcome report, and statistical data.
ORS 107.795 makes clear that mediation does not block a party from separately obtaining a restraining order under ORS 107.700 to 107.735, or an elder abuse protective order under ORS 124.005 to 124.040, before or during mediation.
Sources: ORS 107.755, court-ordered mediation, rules, domestic violence plan requirement, ORS 107.765, when referral to mediation permitted, scope, report to court, ORS 107.775, methods of providing mediation services, qualifications, costs, ORS 107.785, privacy of proceedings, confidentiality of communications, records, ORS 107.795, availability of other remedies
Not independently confirmed
- Confirm the mediator education/experience requirements adopted under ORS 1.002 with the applicable Oregon rule text.
- Current mediation fees and cost-sharing arrangements vary by county since counties fund mediation personnel locally, and were not independently confirmed for each Oregon county.
Mediation in Oregon: frequently asked questions
Is mediation mandatory in an Oregon custody case?+
Attending a mediation orientation session is mandatory under ORS 107.755(1)(b) for parties in a contested custody, parenting time, or visitation dispute, with narrow exceptions. Whether the contested issues get referred to mediation itself is discretionary under ORS 107.765. The court decides that case by case.
Can Oregon courts mediate a case with domestic violence?+
Every mediation program must have a documented domestic violence screening and opt-out process under ORS 107.755(1)(d). A restraining order's existence or terms can never be mediated. Mediation cannot be provided at all in certain restraining order and elder abuse protective order proceedings under 107.755(2).
Can I opt out of Oregon custody mediation if I am a domestic violence victim?+
Yes. ORS 107.755(1)(d)(C)(ii) requires every mediation program to let a party decline mediation at any time, including during the mediation itself, after being informed of its advantages and disadvantages.
Is Oregon custody mediation confidential?+
Yes. ORS 107.785 requires mediation to be held in private, limited to mediation staff, the parties, their counsel, and the parties' children. Communications made during mediation are confidential. They generally cannot be used, or examined about, in a later civil or criminal case without consent from both parties.
Who pays for court mediation in Oregon?+
The county, not the state, pays the compensation and expenses of mediation personnel under ORS 107.775(3), subject to Oregon's Local Budget Law. Parties can also choose to use a mediator outside the court's program at their own expense, under 107.775(4).
Can an Oregon mediator recommend an outcome to the judge?+
Only with consent. Under ORS 107.765(2), if the parties reach an agreement, the mediator reports it in writing so it can become part of a proposed order. If they do not agree, the mediator reports only that fact. The mediator cannot make a recommendation to the court without written consent from both parties or their counsel.
This page is general information about mediation in Oregon, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Oregon's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Oregon. Virdix does not prepare or file Oregon divorce paperwork. It is not a substitute for an attorney licensed in Oregon.
More Oregon divorce guides
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