OAR 813 § 813-007-0075

(1) The purpose of this division is to provide additional details concerning the statutory requirements outlined in ORS 90.767 with respect to mandatory mediation of:

(a) Disputes between a landlord and one or more tenants initiated by any party; or

(b) Disputes between any two or more tenants initiated only by the landlord.

(2) The format to initiate mediation as required by the department is the following: A landlord or tenant who wishes to start mediation pursuant to ORS 90.767 will contact the community dispute resolution center (CDRC) that supports the mediation need in the area that the manufactured dwelling park or marina is located. The party interested in mediation, also known as the requesting party, can locate the CDRC in their county by contacting the Manufactured and Marina Communities Resource Center (MMCRC) at 1-800-453-5511, option 2; or by emailing MMCRC at MMCRC@hcs.oregon.gov.; or searching by their county on the following website https://www.resolutionoregon.org/need-help-with-a-conflict. The party with whom the mediation is requested is referred to herein as the responding party.

(3) The requesting party shall submit a request for mediation to the CDRC and shall provide the CDRC with the name and contact information of the requesting party and the responding party. Contact information shall include the phone number and email for both parties. If the requesting party cannot locate a landlord’s contact information, the requesting party shall reach out to the MMCRC and/or check the landlord contact information located on the MMCRC website.

(4) Once the requesting party provides the above-referenced contact information for both parties, the CDRC will send an email or letter via US Mail accessible to both parties, confirming that mandatory mediation has been initiated pursuant to ORS 90.767. For the purposes of ORS 90.767(4), mediation is deemed initiated on the date that the CDRC, following the phone or email request from the requesting party, emails or mails the "CDRC Notice" to both the requesting party and the responding party, confirming that the mediation has been initiated and specifying the date of initiation (the "Initiation Date").

(5) The CDRC and the parties will make a good faith effort to schedule the mediation within 30 Calendar days of the Initiation Date. The mediation does not need to occur within this 30-day timeframe. (ORS 90.767(4)).

(6) If a party has not agreed to one or more possible mediation dates within 30 calendar days following the Initiation Date, or, if once the mediation is scheduled, and a party declines the mediation, a party fails to attend a scheduled mediation, or otherwise fails to participate after agreeing to mediation, the CDRC is to close the mediation request and the CDRC will notify the MMCRC and both parties of these circumstances within one calendar week after the scheduled mediation date. (ORS 90.767(8)).

(7) The MMCRC shall promptly send a notice to the requesting and responding parties by both email and first-class mail, informing them that one or both parties failed to agree to one or more possible mediation dates within the required 30-day period. If only one of the parties failed to agree to such a mediation date, the other party shall be entitled to the defense and damages specified in ORS 90.767(10)(b) (ORS 90.767(10); ORS 90.767(3)(f)).