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Settlement Guidelines and Mediation

Settlement

The Oregon PUC encourages parties to resolve issues in contested cases and rulemakings informally, through negotiation or mediation. The various forms of informal resolution of issues or cases are called Alternative Dispute Resolution (ADR). Negotiation allows parties to generate their own solutions for the issues in the case. Negotiations can avoid or minimize the need for contested case procedures, such as discovery, sworn testimony, and cross-examination. Parties must submit their agreements to the Commission for approval. When making a final decision, the Commission gives a great deal of weight to the voluntary agreement of the parties.
 
Parties should be aware that settlements are not always in the public interest. The Commission is particularly concerned when parties submit stipulated agreements on major issues before filing testimony. In such instances, the stipulations may leave the Commission with insufficient information to evaluate the merits of a proposed action. There are other instances where a stipulation has the effect of precluding Commission consideration of an important public policy or where the Commission disagrees with the stipulating parties’ resolution of a particular issue.
 
Mediation

If negotiations break down, the parties can ask a neutral mediator to assist. Mediation is actually assisted negotiation. The presence of a mediator can open channels of communication and encourage continued negotiations. The mediator can also assist the parties in reaching a mutually agreeable settlement. Mediators have no authority to force the parties to accept any suggestions or to reach an agreement. Since the process is purely voluntary, either party can reject the mediator’s participation at any time.
 
Before trying mediation, the parties should ask themselves some questions to determine if ADR can be helpful:
 
  • Are participating parties willing to voluntarily engage in negotiations or assisted negotiations?
  • Are the issues of such importance that they should be left to the Commission to decide?
  • Can the negotiations be conducted within the schedule set for the case?

If mediation is desirable, the PUC can provide a list of Administrative Law Judges (ALJs) or professional mediators. Unless requested by the parties, ALJs serving as mediators will not be involved in any hearings arising from the dispute.
If you are interested in informal resolution of this case, you should contact the other parties and discuss your desire for negotiation or mediation. If you wish to discuss using a mediator, please call Mike Grant, Chief ALJ, at (503) 378-6102. He can discuss the services that the PUC offers and the desirability of using negotiation and mediation to resolve the issues in the case.