Court-Connected Family Mediation in Oregon
If you have children and are going through a custody, divorce, or legal separation case in Oregon, you might need to participate in your court’s family mediation program (sometimes called custody and parenting plan mediation).
This guide will help you understand what court-connected family mediation is, what you need to do, and how the process works.
What is court-connected family mediation?
Most courts in Oregon offer free or low-cost mediation services for parents involved in family law cases like divorce or custody.
Mediation is a process in which a trained, neutral person, called a mediator, helps parents communicate and make decisions about custody and a parenting plan. Mediators do not take sides and cannot make decisions for you.
Court-connected family mediation is not a court hearing, and a judge is not there. A mediator can't force you to agree to anything or make you sign a settlement. To learn more about mediation, read our articles on custody mediation or divorce mediation.
Court-connected mediation vs. private mediation.
The main differences between private and court-connected mediation are the cost and the types of services they offer. Court mediation is typically free, but you get fewer services. Private mediation costs money, but more services are available (if you're willing to pay for them).
Court-connected mediation
- Cost: Usually free, since court filing fees help pay for these services.
- Number of sessions: Usually limited to a few.
- Issues: Court mediation programs usually only help with custody and parenting plans. Only a few courts also offer mediation for financial issues, like child support or dividing property. You will likely need to handle financial issues on your own.
- Preparation of legal documents: Most court-connected mediators do not prepare the legal documents you need to finish your case. Except in rare circumstances, you will need to do this yourself or get help from someone else.
Private mediation
- Cost: Private mediation can cost several thousand dollars or more, depending on the number of sessions you need.
- Number of sessions: A private mediator will usually meet with you as many times as needed. The more sessions you have, the higher the cost.
- Issues: Private mediators can help with custody, parenting plans, and usually can also help with financial issues like dividing property and debts, spousal support if you are married, and child support.
- Preparation of legal documents: Many private family law mediators are lawyers or retired judges, so they can help you prepare the legal documents you need to finalize your agreement in court.
Tip: You can use the court’s free mediation services along with private mediation. For example, some people use the court’s program to create a parenting plan, then hire a private mediator to settle financial issues. To learn more, see our articles on custody mediation or divorce mediation.
Do I have to participate in court-connected family mediation?
Most counties require parents with children under 18 to take part in court-connected mediation during a divorce, custody, or legal separation case.
Court-connected mediation usually involves two steps: orientation and mediation. Each court has its own rules about what you must do.
- Orientation: Some courts only require a mediation orientation, which is a process that explains what mediation is and how it works.
- Mediation: Many courts also require you to try mediation. This usually means showing up to your mediation session and talking with the mediator. After you speak with the mediator, you can choose to stop mediation at any time.
Important! Trying mediation doesn’t mean you have to make an agreement. If mediation isn’t helpful or doesn’t feel right, you can take your case to court instead. Just tell the mediator if you want to stop mediating.
Can I be excused from court-connected mediation?
Most courts will excuse you from attending a court-connected mediation appointment if:
- Mediation isn’t safe because of abuse or other reasons.
- You and your co-parent agree on custody and have already created a written parenting plan.
- You’ve decided to hire a private family law mediator.
Talk to a family court clerk or family court facilitator to understand the steps to take to be excused from court-connected mediation.
If the court does not excuse you from mediation, you must participate in court-connected mediation before you can take your case to trial.
Ready to get started?
Here are your next steps:
- Find out what is required: Check your court paperwork for information about custody and parenting time mediation. If you do not see anything, visit your court’s website or call the court for help.
- Complete orientation: Each county’s orientation looks different. See additional information in the Frequently Asked Questions section below.
- If your court requires it, try mediation: Once you try mediation, you have met the court-connected mediation requirements.
- If your court doesn’t require mediation, but you want to try it: You may ask the court to send your case to mediation. Talk to a family court clerk or family court facilitator to understand the steps to request court-connected mediation.
What happens after mediation?
Your next steps will depend on whether you reached a full agreement, a partial agreement, or no agreement at all.
Read our article about what happens after mediation to learn what steps to take next.
Need more help with your case?
Contact a family court facilitator for free help with your family court case.
Frequently Asked Questions
You may be able to participate in mediation even if you have safety concerns. Tell the mediator if:
- You are afraid to be in the same room or a virtual meeting with the other parent.
- You are worried you’ll agree to something you don't want.
- You are unsure if mediation is the right process for any reason.
The mediator can often adjust the process to prioritize safety. Ask what options are available.
The court will not hold this against you. If the other person refuses to participate, you can ask the court to excuse you from mediation so your case can move forward.
Contact a family court facilitator for free help with this step.
Start by completing your court’s mediation orientation. This will explain how mediation works in your county and how to get ready. Then, try to:
- Familiarize yourself with the laws that apply to your case.
- Gather documents.
- Think about your ideal outcomes.
- Write down your ideas.
You can also read our articles on custody mediation and divorce mediation for more tips.
Most counties require you to complete a mediation orientation if you are involved in a divorce, custody, or legal separation case in Oregon.
Mediation orientation varies from county to county, but it may include:
- Watching an online orientation video or reviewing written information.
- Attending a group mediation orientation class.
- Scheduling a one‑on‑one orientation with your mediator.
- Completing orientation during your first mediation session.
Check your court paperwork, visit the court’s website, or call your court to learn how to complete orientation.
A court-connected mediator will tell the court if you and your co-parent participated in mediation and how mediation ended. They usually do this by completing a form and turning it into the court.
In most situations, the mediator cannot share other details from mediation.
In Oregon, what you say in mediation is:
- Confidential (kept private).
- Cannot be requested through discovery.
- Cannot be used as evidence in court.
Normally, only the following people can take part in court-connected family mediation:
- The mediator.
- You and your co-parent.
- Sign language or foreign language interpreters.
- In some courts and on rare occasions, your or your co-parent’s attorney or a domestic violence advocate.
Talk to your mediator if you have questions or would like someone else to participate.