2021 Oregon Revised Statutes
Chapter 031 - Tort Actions
Section 31.268 - Mediation.


(2) The Oregon Patient Safety Commission shall develop and maintain a panel of qualified individuals to serve as mediators. The parties, by mutual agreement, may choose any mediator from within or outside the panel.
(3) The parties shall bear the cost of mediation equally unless otherwise mutually agreed.
(4) Other persons that may participate in the mediation include, but are not limited to:
(a) Members of the patient’s family, at the discretion of the patient;
(b) Attorneys for the patient, the health care facility and the health care provider;
(c) Professional liability insurance carriers;
(d) Risk management personnel; and
(e) Any lien holder with an interest in the dispute.
(5) If a health care facility or health care provider makes an offer of compensation as part of a mediation under this section, the facility or provider shall advise the patient of the patient’s right to seek legal advice before accepting the offer.
(6) Mediation under this section is subject to ORS 36.210, 36.220, 36.222, 36.224, 36.226, 36.232, 36.234, 36.236 and 36.238. [2013 c.5 §5]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 01 - Courts, Oregon Rules of Civil Procedure

Chapter 031 - Tort Actions

Section 31.150 - Special motion to strike; when available; burden of proof.

Section 31.152 - Time for filing special motion to strike; discovery; attorney fees.

Section 31.155 - Exempt actions; substantive law not affected.

Section 31.180 - Certain felonious conduct of plaintiff complete defense in tort actions; proof; exceptions.

Section 31.200 - Liability of radio or television station personnel for defamation.

Section 31.210 - When general damages allowed.

Section 31.215 - Publication of correction or retraction upon demand.

Section 31.230 - Wrongful use of civil proceeding; pleading; procedure.

Section 31.250 - Mandatory dispute resolution for certain actions against health practitioners and health care facilities.

Section 31.260 - Definitions for ORS 31.260 to 31.278.

Section 31.262 - Notice of adverse health care incident.

Section 31.264 - Discussion of adverse health care incident; offers of compensation; reporting to commission.

Section 31.266 - Discussion communications; admissibility; disclosure.

Section 31.268 - Mediation.

Section 31.270 - Payment and resolution.

Section 31.272 - Statute of limitations; evidence of offers and payments.

Section 31.274 - Patient representatives.

Section 31.276 - Duties of Oregon Patient Safety Commission; rules.

Section 31.278 - Use of information relating to notice of adverse health care incident.

Section 31.280 - Task Force on Resolution of Adverse Health Care Incidents; rules.

Section 31.300 - Pleading requirements for actions against design professionals.

Section 31.350 - Pleading requirements for actions against real estate licensees.

Section 31.360 - Proof required for claim of economic damages in action arising from injury caused by dog.

Section 31.370 - Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police.

Section 31.555 - Effect of advance payment; payment as satisfaction of judgment.

Section 31.560 - Advance payment for death or personal injury not admission of liability; when advance payment made.

Section 31.580 - Effect of collateral benefits.

Section 31.600 - Contributory negligence not bar to recovery; comparative negligence standard; third party complaints.

Section 31.605 - Special questions to trier of fact; jury not to be informed of settlement.

Section 31.610 - Liability of defendants several only; determination of defendants’ shares of monetary obligation; reallocation of uncollectible obligation; parties exempt from reallocation.

Section 31.620 - Doctrines of last clear chance and implied assumption of risk abolished.

Section 31.700 - Right to include medical expenses paid by parent or conservator in action to recover for damages to child; effect of consent to inclusion.

Section 31.705 - Economic and noneconomic damages separately set forth in verdict; "economic damages" and "noneconomic damages" defined.

Section 31.710 - Limitation on award for noneconomic damages in claim for wrongful death.

Section 31.715 - Limitation on recovery of noneconomic damages arising out of operation of motor vehicle; uninsured plaintiff; plaintiff driving under influence of intoxicants.

Section 31.725 - Pleading punitive damages; motion to amend pleading to assert claim for punitive damages; hearing.

Section 31.730 - Standards for award of punitive damages; required review of award by court; additional reduction of award for remedial measures.

Section 31.735 - Distribution of punitive damages; notice to Department of Justice; order of application.

Section 31.740 - When award of punitive damages against health practitioner prohibited.

Section 31.760 - Evidence of nonuse of safety belt or harness to mitigate damages.

Section 31.770 - Inadmissibility of calculation of future earning potential based on race or ethnicity; jury instruction.

Section 31.800 - Right of contribution among joint tortfeasors; limitations; subrogation of insurer; effect on indemnity right.

Section 31.805 - Basis for proportional shares of tortfeasors.

Section 31.810 - Enforcement of right of contribution; commencement of separate action; barring right of contribution; effect of satisfaction of judgment.

Section 31.815 - Covenant not to sue; effect; notice.