Rule 12.130.Court-system Training

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

In one sentenceUTCR 12.130 defines the court-system training approved mediators need, requiring at least six hours on how courts work and adding at least two more hours for mediators working in contexts other than small claims court.

Full Text of Rule 12.130

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When court-system training under this section is required, the training shall include, but not be limited to:

(1) At least six hours including, but not limited to, the following subject areas:

(a) Instruction on the court system including, but not limited to:

(i) Basic legal vocabulary;

(ii) How to read a court file;

(iii) Confidentiality and disclosure;

(iv) Availability of jury trials;

(v) Burdens of proof;

(vi) Basic trial procedure;

(vii) The effect of a mediated agreement on the case including, but not limited to, finality, appeal rights, remedies, and enforceability;

(viii) Agreement writing;

(ix) Working with interpreters; and

(x) Obligations under the Americans with Disabilities Act.

(b) Information on the range of available administrative and other dispute resolution processes.

(c) Information on the process that will be used to resolve the dispute if no agreement is reached, such as judicial or administrative adjudication or arbitration, including entitlement to jury trial and appeal, where applicable.

(d) How the legal information described in this subsection is appropriately used by a mediator in mediation, including avoidance of the unauthorized practice of law.

(2) For mediators working in contexts other than small claims court, at least two additional hours including, but not limited to, all of the following:

(a) Working with represented and unrepresented parties, including:

(i) The role of parties’ attorneys in the mediation process;

(ii) Attorney-client relationships, including privileges;

(iii) Working with attorneys, including understanding of Oregon State Bar disciplinary rules; and

(iv) Attorney fee issues.

(b) Understanding motions, discovery, and other court rules and procedures;

(d) Basic rules of contract and tort law.

End

Plain-English Summary

A mediator can be skilled at the process and still be lost in a courthouse. UTCR 12.130 addresses that with court-system training, and its requirements are floors rather than ceilings, since the training and its main lists are introduced as including but not limited to what follows.

The core is at least six hours. It covers instruction on the court system: basic legal vocabulary, how to read a court file, confidentiality and disclosure, availability of jury trials, burdens of proof, basic trial procedure, the effect of a mediated agreement on the case including finality, appeal rights, remedies, and enforceability, agreement writing, working with interpreters, and obligations under the Americans with Disabilities Act. Those hours also cover the range of available administrative and other dispute resolution processes, the process that will resolve the dispute if no agreement is reached such as judicial or administrative adjudication or arbitration including entitlement to jury trial and appeal where applicable, and how a mediator uses that legal information in a mediation while avoiding the unauthorized practice of law.

Mediators working in contexts other than small claims court take at least two additional hours. Those hours cover working with represented and unrepresented parties, including the role of parties' attorneys in the mediation process, attorney-client relationships and privileges, working with attorneys and understanding Oregon State Bar disciplinary rules, and attorney fee issues. They also cover understanding motions, discovery, and other court rules and procedures, basic rules of evidence, and basic rules of contract and tort law.

Frequently Asked Questions

What is court-system training for mediators?

It is the piece of a mediator's preparation that covers how a court works rather than how mediation works: legal vocabulary, reading a court file, jury trials, burdens of proof, trial procedure, what a mediated agreement does to the case, agreement writing, working with interpreters, and obligations under the Americans with Disabilities Act, among other subjects.

How many hours of court-system training are required?

At least six hours for the core subjects. Mediators working in contexts other than small claims court take at least two additional hours on the topics in subsection (2).

Why does the training cover the unauthorized practice of law?

Because a mediator who has just learned about burdens of proof and appeal rights has to know how to use that information without advising a party. The rule requires instruction on how the legal information it describes is appropriately used by a mediator in mediation, including avoidance of the unauthorized practice of law.

Does a small claims mediator need the extra two hours?

The additional hours are required for mediators working in contexts other than small claims court. Those hours cover attorney relationships and fees, motions and discovery, basic rules of evidence, and basic contract and tort law.

Are the listed topics the whole requirement?

No. The rule introduces the training and most of its lists with language that includes but does not limit the subjects named, so a program may go further. The hours and the named subjects are the minimum.

Source & verification. The rule text is reproduced verbatim from the official Oregon Uniform Trial Court Rules (UTCR 12.130). 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: court-system training mediator OregonUTCR 12.130mediator training court procedureunauthorized practice of law mediatorsmall claims mediator training hoursmediator training evidence and discovery