Rule 12.030.Determining Authority, Determining Mediator Qualifications, Other Responsibilities and Authority

Current through August 1, 2026 · Last verified September 12, 2026

In one sentenceUTCR 12.030 makes the presiding judge of each judicial district the determining authority over mediator qualifications unless that role is delegated in writing, and it gives that authority power to allow substitutions, seek a waiver, monitor performance, and revoke approval.

Full Text of Rule 12.030

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(1) The determining authority:

(a) Is the entity within a judicial district with authority to determine whether applicants to become an approved mediator for courts within the judicial district meet the qualifications as described in these rules and whether approved mediators meet any continuing qualifications or obligations required by these rules.

(b) Is the presiding judge of the judicial district unless the presiding judge has delegated the authority to be the determining authority as provided or allowed by statute. Delegation under this paragraph may be made to an entity chosen by the presiding judge to establish a mediation program as allowed by law or statute. A delegation must be in writing and, if it places any limitations on the presiding judge’s ultimate authority to review and change decisions made by the delegatee, must be approved by the State Court Administrator before the delegation can be made.

(2) Authority over qualifications. Subject to the following, a determining authority, for good cause, may allow appropriate substitutions, or obtain waiver, for any of the minimum qualifications for an approved mediator.

(a) Except as provided in paragraph (b) of this subsection, a determining authority that allows a substitution must, as a condition of approval, require the applicant to commit to a written plan to meet the minimum qualifications within a specified reasonable period of time. A determining authority that is not a presiding judge must notify the presiding judge of substitutions allowed under this subsection.

(b) For good cause, a determining authority, other than the presiding judge for the judicial district, may petition the presiding judge for a waiver of specific minimum qualification requirements for a specific person to be an approved mediator. A presiding judge may waive any of the qualifications to be an approved mediator in an individual case with the approval of the State Court Administrator.

(3) The determining authority may revoke a mediator’s approved status at the determining authority’s discretion, including in the event that the mediator no longer meets the requirements set forth in these rules.

(4) The determining authority may authorize the use of an evaluation to be completed by the parties, for the purpose of monitoring program and mediator performance.

(5) In those judicial districts where a mediator is assigned to a case by the court, or where mediators are assigned to a case by a program sponsored or authorized by the court, the determining authority shall ensure that parties to a mediation have access to information on:

(a) How mediators are assigned to cases.

(b) The nature of the mediator’s affiliation with the court.

(6) The minimum qualifications of these rules have been met by an individual who is an approved mediator at the time these rules become effective if the individual has met the minimum requirements of Chief Justice Order 05-028, in effect prior to August 1, 2022.

(7) The State Court Administrator may approve the successful completion of a standardized performance-based evaluation to substitute for formal degree requirements under UTCR 12.070 or 12.080 upon determining an appropriate evaluation process has been developed and can be used at reasonable costs and with reasonable efficiency.

End

Plain-English Summary

Every judicial district needs someone who decides whether a mediator qualifies, and UTCR 12.030 calls that entity the determining authority. By default it is the presiding judge. The presiding judge may delegate the role as statute provides or allows, including to an entity chosen to establish a mediation program, but the delegation must be in writing. If the delegation places any limit on the presiding judge's ultimate authority to review and change the delegatee's decisions, the State Court Administrator has to approve it before it can be made.

The determining authority can bend the qualification requirements for good cause. It may allow an appropriate substitution, but then it must require the applicant, as a condition of approval, to commit to a written plan to meet the minimum qualifications within a specified reasonable period, and a determining authority that is not the presiding judge must notify the presiding judge of the substitution. The other route is a waiver: a determining authority other than the presiding judge may petition the presiding judge, who may waive qualifications in an individual case with the approval of the State Court Administrator.

The rule also covers life after approval. The determining authority may revoke a mediator's approved status at its discretion, including when the mediator no longer meets these requirements, and it may authorize an evaluation completed by the parties to monitor program and mediator performance. Where the court or a court-sponsored or court-authorized program assigns mediators to cases, the determining authority must ensure that parties have access to information on how mediators are assigned, the nature of the mediator's affiliation with the court, and what process, if any, a party can use to comment on or object to an assignment or a mediator's performance.

The closing provisions smooth the move into this chapter. A mediator who was approved when these rules took effect and who had met the minimum requirements of Chief Justice Order 05-028 as it stood before August 1, 2022 is treated as meeting these minimum qualifications. And the State Court Administrator may approve a standardized performance-based evaluation as a substitute for the formal degree requirements in UTCR 12.070 or UTCR 12.080, once such an evaluation process has been developed and can be used at reasonable cost and with reasonable efficiency.

Frequently Asked Questions

Who decides whether I qualify as an approved mediator in an Oregon judicial district?

The determining authority for that district. It is the presiding judge unless the presiding judge has delegated the role as statute provides or allows, in which case it is the entity named in a written delegation.

Can a presiding judge hand the determining authority role to a program?

Yes, where statute provides or allows it, and the delegation can go to an entity the presiding judge chooses to establish a mediation program. The delegation has to be in writing, and if it limits the presiding judge's ultimate power to review and change the delegatee's decisions, the State Court Administrator must approve it first.

I fall short on a qualification. Is there any flexibility?

There is room to move, for good cause. A determining authority may allow an appropriate substitution, but it must then require you to commit to a written plan to meet the minimum qualifications within a specified reasonable period. Alternatively, a determining authority other than the presiding judge may petition the presiding judge for a waiver of specific requirements, and the presiding judge may grant it in an individual case with the State Court Administrator's approval.

Can an approved mediator lose that status?

Yes. The determining authority may revoke a mediator's approved status at its discretion, including when the mediator no longer meets the requirements in these rules.

I was already approved under Chief Justice Order 05-028. Do I have to requalify?

No. UTCR 12.030(6) treats the minimum qualifications as met by an individual who was an approved mediator when these rules became effective, so long as that person met the minimum requirements of Chief Justice Order 05-028 as in effect before August 1, 2022.

Source & verification. The rule text is reproduced verbatim from the official Oregon Uniform Trial Court Rules (UTCR 12.030). Prescribed by the Chief Justice of the Oregon Supreme Court (UTCR 1.020). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

Also known as: determining authority Oregon mediationpresiding judge mediator approvalwaiver of mediator qualificationsrevoke mediator approved statusChief Justice Order 05-028State Court Administrator mediator qualifications