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Saturday, October 03, 2026

Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

District ADR Program

Alternative Dispute Resolution (ADR) can assist parties in their efforts to settle their claims without resorting to a trial. The District of Oregon has a variety of programs for litigants, as well as specific ADR requirements for cases filed in this District.

The Court's ADR program focuses primarily on settlement conferences with judges or mediations with Court-sponsored mediators. The Court's programs are described below.

Procedural Considerations

Local Rule 16-4 sets forth the Court's ADR procedures. LR 16-4(c) and (d) require counsel for the parties to:

  • Confer regarding the potential benefits of any private or court-sponsored ADR option within 120 days from the initiation of the suit (LR 16-4(c)); and
  • File a Joint Alternative Dispute Resolution Report within 150 days of the initiation of the suit (LR 16-4(d)). Some cases are exempt from ADR requirements (LR 16-4(b)). This does not mean that such cases are inappropriate for ADR, only that the Court does not require litigants to follow the ADR procedures outlined above. Litigants may still opt to employ any of the ADR mechanisms described here. Upon the request of parties in any civil case, notwithstanding the exemptions in LR 16-4(b), the following ADR programs are available from the Court.

Unless otherwise ordered by the Court, there is no stay of action pending ADR processes.  LR16-4(i).

ADR Options

Parties have a variety of ADR options under LR 16-4, including mediation, settlement conference, summary trial, arbitration, or any other form of ADR that appears likely to achieve resolution of the dispute.  See LR 16-4(e).

Mediation

Mediation is the most common form of ADR. Generally, if the judges refer parties to mediation, they will refer them to the panel list of Court-sponsored mediators. Members of the Court-Sponsored Mediator Panel have agreed to conduct mediation without cost to the parties for four hours, exclusive of preparation time and travel to or from the agreed location for the mediation, in two cases per year. If the parties do not settle the case within the four hours, the mediator and the parties may discuss whether to continue mediation and, if agreed, how much the mediator will be paid per hour.

Parties may request any of the following forms of mediation:

Private mediator or mediation service (see LR 16-4(e)(1))

The Court has a very small role if the parties elect to engage a private mediator.  The Court performs its usual case management and scheduling functions in the case and relies on the parties to manage the settlement.

Mediation by a member of the Court-sponsored Mediator Panel (see LR 16-4(e)(3))

For Litigants

If the parties would like to engage a Court-sponsored mediator, the assigned judge will enter an order directing the parties to select a mediator from the Court's current Court-sponsored mediator list (includes contact information). If the parties cannot agree on a mediator within 14 days after entry of the order, each party will submit its list of three acceptable mediators to the assigned judge who will then designate a mediator after consultation with the parties. The parties are required to provide such information and advice as the mediator requires.  The mediator may schedule a preliminary conference before the mediation and may require the parties to participate in the preliminary conference along with their attorneys, who must fulfill the participation requirements in LR 16-4(f)(5).

For Prospective Panel Mediators

Please note that the eligibility requirements for Court-sponsored mediators set forth in LR 16-4(j) and pro bono requirements in LR 16-4(f)(1) have been superseded by operation of Standing Order 2026-16.

Eligibility Requirements

 A Court-sponsored mediator must be either:

  • a retired or senior judge, or
  • a member in good standing of the Oregon State Bar who has been admitted to practice before a federal court for a minimum of two years; and can certify either:
    • attendance for a minimum of 15 hours of mediation training that includes such competencies as information gathering, effective communication, ethical concerns, the role of a mediator as a neutral third party, control of the mediation process, and problem analysis; or
    • 15 hours of mediation experience.
Application Requirements
Service Requirements
  • If the parties request a Court-sponsored mediator, the Court will enter an order directing the parties to select a mediator from the Court-sponsored Mediator Panel and to work with the mediator to agree to the time, place, duration, and compensation for the mediation.  The mediator will provide three hours of service at no cost in each case.  Those hours may include preparation and travel time.  See LR 16-4(f).  After a mediator is selected, the parties and the mediator are to complete the Court’s standard Agreement to Mediate form.
  • Court-sponsored mediators must observe the confidentiality requirements of LR 16(g). 
  • Court-sponsored mediators have judicial immunity during the conduct of Court-sponsored mediations.
  • The Clerk's Office asks Court Sponsored Mediators to fill out a  Post-Mediation Survey for any mediation held under the program. The survey is intended to help the Clerk's Office improve the program for all participants.  Responses are confidential.
  • Court-sponsored mediators are asked to e-mail the Court at when they wish to resign from the panel.

 A Court-sponsored mediator's service may be terminated upon imposition of discipline by a sanctioning authority of the member's bench or bar.

Staff mediation

The Court does not have a Staff Mediator at this time.

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