Oregon Small Claims Mediation: The ORS 36.185 Notice and What It Means

The Mandatory Mediation Notice

Under ORS 36.185, every civil filing in Oregon Circuit Court — including small claims — must include a copy of the official Mediation Information Notice. The plaintiff is required by law to serve this notice on the defendant along with the claim. Omitting it from the service packet can invalidate service and force you to start the process over.

This is not a suggestion. It is a statutory requirement. The notice informs both parties about court-connected mediation programs available in their county and explains how mediation works as an alternative to a formal hearing.

Where to Get the Notice

Each county has its own version of the ORS 36.185 notice listing local mediation programs and contact information. Download the notice for the county where you are filing from the Oregon Judicial Department website — look under the specific court's "Programs & Services" or "Mediation" page.

The notice is available in multiple languages. Oregon courts provide versions in Spanish, Russian, Vietnamese, Korean, Traditional Chinese, and Arabic to comply with accessibility and language access requirements. If you know the defendant's primary language is not English, serving the notice in their language demonstrates good faith.

What the Notice Says

The notice tells the defendant three things:

1. Mediation exists — the county has a court-connected mediation program that can help both parties resolve the dispute without a full hearing
2. How to request mediation — the specific contact information for the county's mediation program or community dispute resolution center
3. Mediation is voluntary — neither party is forced to mediate (though some counties have mandatory pre-trial mediation programs for certain case types)

The notice does not commit either party to anything. It simply ensures the defendant knows mediation is available before the case proceeds to a hearing.

How Court-Connected Mediation Works

Mediation typically happens after a case is filed and served, once the defendant has responded and both parties are engaged. A neutral third-party mediator — usually from a community mediation center or court-connected program — facilitates a structured conversation between the parties.

In counties like Multnomah, the court may schedule a mandatory mediation session before a hearing is set. In Yamhill County, remote video mediation is managed by a local dispute resolution service. Other counties offer mediation on an opt-in basis.

Key facts about mediation in Oregon small claims:

• Mediators do not decide the case. They help both parties explore a settlement. If mediation fails, the case goes to a hearing.
• Mediation communications are generally confidential. ORS 36.220 has statutory exceptions, so do not assume every statement or document is protected.
• Either party can walk away. If an agreement cannot be reached, the case returns to the court calendar with no penalty.
• Settlement agreements are enforceable. If both parties reach an agreement during mediation and sign a written settlement, the agreement becomes a binding contract.

Why Mediation Matters for Filing

From a filing standpoint, the mediation notice is a document you must include in your service packet. It sits alongside the SC-ClmNotice, the blank SC-Response form, and any local court supplements. Forgetting it is one of the most common service errors for first-time filers.

From a practical standpoint, mediation resolves many small claims cases faster than waiting for a court hearing date. If both parties are willing to negotiate, reaching a settlement through mediation saves the cost and stress of a courtroom appearance.

The Oregon Small Claims Filing Guide includes a service packet checklist that tracks every required document — including the county-specific ORS 36.185 notice — so nothing gets left out.

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