Mediation

Our Portland, Oregon Mediation Lawyers Can Help


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The emotional toll of stress related to any family law issue, , including an Oregon mediation, can be exhausting without litigation. Let us take care of the law. You take care of you.
With Pacific Family Law Firm, you can expect a lot.

1. Talk to Attorneys

In most firms it is the staff that handles the bulk of your case. You end up dealing with paralegals, assistants, or clerks instead of the attorney you signed up with. At Pacific Family Law Firm, assistants may handle paperwork and occasional informational calls, but most of the time you will be working with your actual trial attorney.

2. Streamlined Representation

Our office and divorce attorneys have built the firm from the ground up with efficiency in mind. Paperless, custom-built data centers for instant access to all file information, and flexible communication by phone, email, and even secure instant messaging. We want you to be able to participate as part of the team in your case.

3. Honest Assessment of Case

Far too many divorce and family law "mills" are simply out to settle your case as fast as possible so they can move on the next one. Pacific Family Law Firm was founded by attorneys who are used to the courtroom and don't run from it. If getting you the right result means taking the matter to a trial, we will do it. If you are ready for a trial, we won't back down either.

Mediation?

Our lawyers are ready to help with your mediation case.

Oregon Mediation Lawyers

Mediation of an Oregon divorce is a useful way for parties or settling family law disputes. (See also What is Oregon divorce mediation?) Divorce mediation is handled by a third-party called a mediator, whose job is to help the parties reach a custody agreement, and set a parenting schedule. While all counties in Oregon may provide mediation services, parties may also hire private mediators to facilitate agreements on their case issues. Parties may opt instead to attend private mediation, either on their own or with their attorney present.

Oregon Mediation is Mandatory in Some Divorce Cases

In family law or divorce matters where children are involved, parents must participate in mediation through the county's conciliation services where the divorce is filed. The conciliation services mediator will not provide legal advice, discuss financial issues, or provide counseling. However, the process can be useful in developing parenting plans and reaching agreements on child custody. Most couples that enter mediation are successful in reaching an agreement regarding the children.

Our divorce mediation lawyers can assist you in preparing for your county mediation, or can attend private mediation with you to advise you along the way. Call us to schedule a consultation today to discuss your matter.

A paper cutoout of a family walking into a sunset with a gavel in the background denoting Oregon family law services.

Mediation
Frequently Asked Questions (FAQ's)

What is Oregon mediation in the context of family law?
Oregon mediation is a cooperative, problem-solving process in which a neutral third-party mediator helps divorcing or separating couples reach mutually satisfying agreements on issues such as child custody, parenting time, spousal support, and property division. Mediation allows parties to maintain control over their own decisions and outcomes rather than having them imposed by the court.
Are mediated agreements legally binding?
Once both parties reach an agreement through mediation and sign a written document outlining the terms agreed upon – often referred to as “mediated settlement agreement” – it becomes legally binding once approved by a judge during finalization of divorce proceedings.
What happens if we cannot agree on certain issues during mediation?
If you cannot come to an agreement on all matters during your Oregon Mediation session(s), you still have the option to resolve those outstanding issues through litigation in court. Mediation can still be beneficial by resolving some issues and reducing the scope of conflict for trial.
Can I have my attorney present during mediation?
Yes, you may have your attorney present during mediation sessions in Oregon. The role of an attorney during mediation is primarily advisory, providing legal guidance and support to their client throughout the process.
How do I find a qualified mediator?
To find a qualified mediator in Oregon, you can search online directories or ask your family law attorney for recommendations. Additionally, some court systems maintain a list of approved mediators who specialize in family law matters.
How much does mediation cost?
The cost of mediation varies depending on factors such as geographic location and mediator experience level; however, it is generally less expensive than going through litigation. Some mediators charge hourly rates ranging from $100 to $300 per hour while others offer flat fees for a specified number of sessions.
How long does mediation typically take?
The length of mediation depends on various factors including the complexity of the issues being discussed and how cooperative both parties are during the process. Typically, mediation sessions last 2-3 hours each and may require multiple sessions to reach a resolution; however, simpler cases might be resolved within just one session.
Is mediation mandatory for divorcing couples in Oregon?
Yes, in most cases. Oregon courts require that parties attempt to resolve their disputes through mediation before proceeding with litigation in contested divorce cases involving child custody or parenting time issues. However, if there are issues of domestic violence or other safety concerns, the requirement may be waived.


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Useful Oregon Statutes For
Mediation

Ex Parte Temporary Custody Or Parenting Time Orders


ORS 107.097(2)

...

(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767. (b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:

(A) Changing the child’s usual place of residence;

(B) Interfering with the present placement and daily schedule of the child;

(C) Hiding or secreting the child from the other party;

(D) Interfering with the other party’s usual contact and parenting time with the child;

(E) Leaving the state with the child without the written permission of the other party or the permission of the court; or

(F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.


Read Full Text: ORS 107.097

Parenting Plan


(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.

(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.

(3) A detailed parenting plan may include, but need not be limited to, provisions relating to:

(a) Residential schedule;

(b) Holiday, birthday and vacation planning;

(c) Weekends, including holidays, and school in-service days preceding or following weekends;

(d) Decision-making and responsibility;

(e) Information sharing and access;

(f) Relocation of parents;

(g) Telephone access;

(h) Transportation; and

(i) Methods for resolving disputes.


Read Full Text: ORS 107.102

Provisions Of Judgment


ORS 107.105 is a huge statute that provides detailed provisions governing not only the provisions of a divorce or separation judgment but also provisions regarding attorney fees. Rather than quote select parts, the statute may be reviewed in its entirety at the link below.


Read Full Text: ORS 107.105

Vacation Or Modification Of Judgment


(1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection (9) of this section:

(a) Set aside, alter or modify any portion of the judgment that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108 (Support or maintenance for child attending school), including any health or life insurance provisions, for the support of a party or for life insurance under ORS 107.820 (Support order as insurable interest) or 107.830 (Physical examination may be ordered);

(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the judgment;

(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;

(d) After service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school); and

(e) Set aside, alter or modify any portion of the judgment that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph.

...


Read Full Text: ORS 107.135

Factors Considered In Determining Custody Of Child


(1) Except as provided in subsection (6) of this section, in determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment), the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

(a) The emotional ties between the child and other family members;

(b) The interest of the parties in and attitude toward the child;

(c) The desirability of continuing an existing relationship;

(d) The abuse of one parent by the other;

(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and

(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

...


Read Full Text: ORS 107.137

Proceeding To Determine Custody Or Support Of Child


(1) If a child is born to an unmarried person and parentage has been established under ORS 109.065 (Establishing parentage), or if a child is born to a married person by a person other than the birth mother’s spouse and parentage between the person and the child has been established under ORS 109.065 (Establishing parentage), either parent may initiate a civil proceeding to determine the custody or support of, or parenting time with, the child. The proceeding shall be brought in the circuit court of the county in which the child resides or is found or in the circuit court of the county in which either parent resides. The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.094 (Forms for restraining order and request for hearing) to 107.449 (Transfer of proceeding under ORS 107.135 to auxiliary court) that relate to custody, support and parenting time, the provisions of ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) that relate to mediation procedures, and the provisions of ORS 107.810 (Policy), 107.820 (Support order as insurable interest) and 107.830 (Physical examination may be ordered) that relate to life insurance, apply to the proceeding.

...


Read Full Text: ORS 109.103

Services

Pacific Family Law Firm is focused on one area of law: family law. From divorces to child support to spousal support to custody modifications, we're ready to help. Whether your your case has been open for years and is having a judgment modified, or if you have never had an attorney before and are just figuring out how to proceed with a divorce or other family change, we will take care of you.

Oregon Family Law & Divorce Blog

At Pacific Family Law Firm in Oregon, staying current on the latest developments in Oregon divorce and family law topics is a top priority. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law Lawyers encounter to news headlines that impact Oregon families. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

What is Oregon Family Law? | Best-Rated Oregon Injury Lawyers

What is Oregon Family Law?

“Oregon Family law” is an umbrella term that refers to the practice of law that involves common domestic and family issues. While it is often associated with Oregon divorce, "family law" covers far more.

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Mistakes to Avoid During an Oregon Divorce | Best-Rated Oregon Injury Attorneys

Mistakes to Avoid During an Oregon Divorce

Divorce spawns big emotion, and even well-meaning parents make mistakes without thinking about the ramifications of their actions. To ensure a smooth process, we have compiled a list of common pitfalls to avoid doing during a divorce.

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Is it necessary to hire a divorce lawyer or family law attorney? | Best Oregon Injury Lawyers

Is it necessary to hire a divorce lawyer or family law attorney?

This question is standard, though completely subjective and fact-specific. It is certainly possible for people to do divorces independently, and the court even provides paperwork to the public to do so. However, unfamiliarity with legal forms can confuse the inexperienced, and mistakes can result in more considerable legal fees in the future to correct the errors.

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