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Health and Human Services
Family Mediation
Frequently Asked Questions

What is mediation?

Mediation is the process of meeting with an impartial person to work toward an agreement that is satisfactory to all parties. A mediator guides discussions, but does not take sides or make decisions. At the Family Mediation Program, a mediator assists in developing parenting options that are in the best interest of the children.

When is mediation required?

In Lane County, if there is a disagreement in final custody and/or parenting time (visitation), mediation must be tried before a judge will hear the case in court. This rule applies to parents who are separated, divorcing or divorced and also to unmarried parents.

How is mediation started?

One or both parents, or their attorneys, may initiate mediation by filing a request for mediation. The request for and instructions may be obtained from a Circuit Court clerk, an attorney, or the Family Mediation Program.

• Request for Mediation by One Parent and Order
• Stipulated Request for Mediation

Is mediation confidential?

In mediation, conversations and correspondence are private and confidential, and cannot be repeated in legal documents or in court. Two exceptions to confidentiality are child abuse or a planned action which is a clear and present danger to another individual.

What is the mediation program process?

The mediation program offers from one to several private sessions with a trained, professional mediator. In mediation, parents have an opportunity to discuss the needs and adjustment of their children, and to evaluate all options for a satisfactory parental agreement. Any decisions reached in mediation will be prepared in writing by the mediator, but are considered tentative until reviewed by each parent with an attorney. If an agreement is not reached, the case may be resolved through other means or in a court if necessary.

What if there are domestic violence or child abuse concerns?

It is very important for the mediator to learn of any concerns a parent may have about domestic violence, a parent's safety, or the safety of the children. The mediator will talk with each parent privately and individually about any concerns, and mediation will not proceed unless both parents agree that they wish to proceed.