HomeMy WebLinkAbout2820 Mediation for Court CasesORDINANCE NO. ~~
AN ORDINANCE AUTHORIZING THE MUNICIPAL COURT
TO REQUIRE MEDIATION IN CERTAIN CASES.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.28.190 is amended to read as follows:
2.28.190 Municipal Judge Jurisdiction and Powers.
A. The Municipal Judge shall be the judicial officer for the City and shall have
jurisdiction over all violations of City ordinances, the City Charter, and
infractions, violations and misdemeanors described in the Oregon Revised
Statutes occurring within the City. The Municipal Judge, in exercising this
jurisdiction, shall have all the powers of a circuit court judge set forth in the
Oregon Revised Statutes.
B. For any case involving an infraction, other than a traffic infraction, where it
appears on the face of one or more pleadings, appearances or motions, that the
underlying dispute between the complainant and defendant could be resolved
through mediation, the court shall have the authority to refer the matter for
mediation prior to or concurrent with the setting of the matter for trial.
1. The purpose of the mediation shall be to assist the complainant and
defendant in resolving the dispute leading to the alleged infraction instead
of litigating those issues before the court. The mediator shall report to the
court the outcome of the mediation at the conclusion of the mediation
proceeding. The mediator shall report in writing to the court any
agreement reached by the parties as a result of the mediation, and if the
municipal judge approves, the agreement shall be incorporated in the
order disposing of the case. If the parties do not reach an agreement, the
mediator shall report that fact to the court and may make a
recommendation to the court as to disposition of the case.
2. The municipal judge shall have the authority to dismiss any case in
which the complainant fails or refuses to participate in mediation. The
municipal judge shall have the authority to compel the defendant to
participate in mediation, and any defendant who wilfully fails or refuses to
participate in mediation after being ordered to do so may be cited for
contempt in the manner provided by law.
3. The municipal judge shall have the authority to require the defendant
and complainant to agree to comply with any order disposing of the case
that incorporates the outcome of the mediation. If the complainant fails or
refuses to agree to comply with such order, the municipal judge shall have
the authority to dismiss the case. Any defendant who wilfully fails or
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refuses to agree to comply with such order after being ordered to do so
may be cited for contempt in the manner provided by law.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the /'~ day of ~ ,1998,
and duly PASSED and ADOPTED this ,~ day of ~,~
Barbara Christensen, City Recorder
,1998.
SIGNED and APPROVED this
day of ~ ,1998.
R~F~ewe~d a~ to~orm:
Paul Nolte, City Attorney
Catherine M. Shaw, Mayor
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