Mandatory Mediation and Informal Dispute Resolution
Oregon offers no-cost mediation services to residents and landlords of manufactured home park and marina communities.
In mediation, the disputing parties work with a neutral third party (mediator) to help resolve their disputes.
Mediation can be started by a tenant or landlord by contacting the community dispute resolution center (CDRC) where the manufactured home park or marina is located.
The mediation is offered at no cost because the participating CDRCs receive a grant from OHCS to provide mediations and education to park and marina tenants and landlords.
Disputes eligible for mandatory mediation
- Landlord or tenant compliance with the rental agreement or Oregon Revised Statute (ORS) 90;
- Landlord or tenant conduct within the park; and
- Rule changes initiated under ORS 90.610.
Disputes not eligible for mandatory mediation
- Park closures
- Sales of parks
- Rent increases for periodic tenancies
- Rent payments or amount of rent due
- Unauthorized person in possession under ORS 90.403
- Unless initiated by the victim, disputes involving domestic violence, sexual assault, or stalking between the victim and the alleged perpetrator
- Termination notices given for:
- nonpayment of rent
- conduct resulting in 24-hour notice
- three-strikes notice under ORS 90.630
- Disputes arising after the termination of the tenancy (e.g., under abandonment statutes or service and enforcement of writ of execution and eviction trespass notice)
Participants must make a good-faith effort to:
- Schedule a mediation within 30 days after initiation;
- Attend and participate; and
- Cooperate with the reasonable requests of the mediator.
Mandatory Mediation Only
If a party refuses to participate in mandatory mediation with another party in good faith or uses mediation to harass another party, the other party (a) has a defense to a claim related to the subject of the dispute for which mediation was sought; and (b) is entitled to damages of one month’s rent against the party. It is also considered a winning rebuttal to a lawsuit over that dispute.
Between the start and end of the mediation
- If the request for mandatory mediation is made before the landlord files a Forcible Entry and Detainer, ORS 90.767 calls for a “stay” or “toll” (suspension) of any related court action until the mandatory mediation is over.
- A party may not file a court action over the dispute until the end of the mandatory mediation; (c) tenant has continuing duty to pay rent; and (d) landlord’s receipt of rent does not constitute a waiver under ORS 90.412(2).
Limitations on Mediation Process
Participation in mediation does not require any party to:
- Reach an agreement on any or all issues submitted;
- Participate in more than one mediation session;
- Participate for an unreasonable length of time in a mediation session; or
- Waive or forgo any legal rights or remedies.
Designees for Parties
Any party may designate any other person, including a non-attorney (“Designee”), to represent the interests of that party provided that the Designee has complete written authority to bind that party to any resolution of the dispute reached in mediation. The Designee shall be equally bound by all rules of the mediation, including confidentiality.
Resolution/Non-resolution
The mediator shall notify MMCRC whether a dispute was resolved but may not disclose the contents of any resolution.
Information on Small Claims Court option