Rule 12.025 - MEDIATION AND TEMPORARY SUPPORT(1) Mediation (a) Commencement of Mediation by Stipulated Request for Mediation If there is a disagreement between the parties concerning custody or parenting time either prior to or after a judgment, both parties, or their attorneys, may sign and file with the court a stipulated request for mediation, in substantially the form as of that attached to these rules. The parties will be referred by the court to ADAPT for mediation in accordance with these rules, or the parties may agree and stipulate to an independent mediator in their stipulated request for mediation. Form found on pages 41-42 in the "Appendix of Forms".
(b) Custody or Parenting Time is at Issue & Mediation Orientation Whenever a respondent appears in a domestic relations case and child custody or parenting time is at issue, the court shall refer the parties to ADAPT for Mediation Orientation. Form found on pages 43-45 in the "Appendix of Forms".
(c) Temporary Custody and Parenting Time Orders At any point during the mediation, the court may approve a temporary custody and parenting time order reflecting the parents' agreement as to the issues.
(d) Good Faith Required Mediation shall not be used by any party in bad faith for the purposes of delay of resolution of other issues. If the court finds at any time that the mediation process is being misused in violation of this rule, it may determine that mediation has been unsuccessful. The court may consider a party's bad faith and/or failure to cooperate when determining custody or parenting time.
(e) Unsuccessful Mediation and Procedure(i) The mediator shall notify the court regarding the success or lack of success of mediation.(ii) In the event mediation of custody or parenting time is not successful, any party (in writing) may, by motion, request a temporary custody and/or parenting time hearing. Any motion for hearing shall be accompanied by a supporting affidavit/declaration. The motion shall: (a) identify the issues to be resolved; and (b) the length of time required for a hearing. The accompanying supporting affidavit/declaration must provide information and documentation necessary to justify the relief requested. The motion and accompanying supporting affidavit/declaration shall be served upon the opposing party, together with a notice to appear in accordance with section (vii) below.(iii) If the opposing party intends to request relief different from or in opposition to the relief requested by his/her opponent, the opposing party must file with the court a motion and counter affidavit/counter declaration within 14 days from the date of service of the notice. The opposing party's motion must (a) identify the issues to be resolved; and (b) the length of time required for a hearing. The accompanying supporting counter affidavit/declaration must provide information and documentation necessary to justify or oppose the relief requested.(iv) The party initiating the request for temporary custody and/or parenting time hearing need not file with the court further documents in opposition to the opposing party's motion and counter affidavit/counter declaration.(v) All documents must be served upon all parties not in default pursuant to and in accordance with ORCP 9.(vi) The court will schedule a hearing only in the event a party opposes the initial request for temporary custody and/or parenting time in accordance with subsection (iii) above. Otherwise, the court shall not hold a hearing and shall make a ruling on the record.(vii) The original Notice to Appear shall be filed with the Trial Court Administrator. The Notice to Appear shall contain a notice substantially conforming with the following: PETITIONER/RESPONDENT HAS REQUESTED CERTAIN TEMPORARY CUSTODY AND/OR PARENTING TIME MOTIONS PURSUANT TO ORS 107.095 AND SLR 12.025.
YOU ARE HEREBY GIVEN NOTICE THAT IF IT IS YOUR INTENT TO REQUEST RELIEF DIFFERENT FROM OR IN OPPOSITION TO THE RELIEF REQUESTED BY YOUR OPPOSING PARTY, THEN NOT LATER THAN FOURTEEN (14) DAYS FROM THE DATE OF SERVICE OF THIS NOTICE UPON YOU, THE FOLLOWING MUST BE DONE:
(A) YOU MUST FILE WITH THE COURT A MOTION AND COUNTER AFFIDAVIT/COUNTER DECLARATION WHICH: (1) IDENTIFIES THE ISSUES TO BE RESOLVED;(2) INCLUDES THE LENGTH OF TIME REQUIRED FOR HEARING; AND(3) INCLUDES THE ACCOMPANYING SUPPORTING COUNTER AFFIDAVIT/DECLARATION WHICH MUST PROVIDE INFORMATION AND DOCUMENTATION NECESSARY TO JUSTIFY OR OPPOSE THE RELIEF REQUESTED.(B) YOU MUST SERVE YOUR MOTION AND COUNTER AFFIDAVIT/COUNTER DECLARATION AND ANY SUPPORTING DOCUMENTATION UPON YOUR OPPOSING PARTY'S ATTORNEY, OR IF THE OPPOSING PARTY IS NOT REPRESENTED BY AN ATTORNEY, THEN UPON THE OPPOSING PARTY IN THE MANNER PRESCRIBED BY ORCP 9. THE PARTY INITIATING THE REQUEST FOR TEMPORARY CUSTODY AND/OR PARENTING TIME HEARING NEED NOT FILE ANY FURTHER DOCUMENTS WITH THE COURT IN OPPOSITION TO YOUR MOTION AND COUNTER AFFIDAVIT/COUNTER DECLARATION.
THE COURT WILL SCHEDULE A HEARING ONLY IN THE EVENT A PARTY OPPOSES THE INITIAL REQUEST FOR TEMPORARY CUSTODY AND/OR PARENTING TIME.
IF YOU DO NOT FILE A MOTION AND COUNTER AFFIDAVIT/COUNTER DECLARATION WITH THE COURT WITHIN FOURTEEN (14) DAYS FROM THE DATE OF SERVICE OF THIS NOTICE UPON YOU, THE COURT WILL NOT HOLD A HEARING AND WILL MAKE A RULING ON THE RECORD.
(2) Temporary Support If the parents cannot agree on the amount of support to be paid by one to the other, and they are also in dispute as to custody and/or parenting time, the mediator may assist, upon the request of the parents and the consent of the mediator, in resolving the support issue as well.
Douglas Supp. L. R. 12.025
Amended effective 2/1/2024.