Senate Bill 97, passed by the Legislature this session, gives counties the authority to increase access to mediation services by reducing the costs to participants. It also develops a fuller picture of how these services are operated in each county, especially since rural and frontier counties do not have the volume of marriages to generate significant revenue for this mediation fund.
Counties and the Oregon Judicial Department (OJD) fund mediation services for divorce cases where children are involved. The county side is funded by an optional surcharge on marriage licenses. The intent of these mediation programs is to provide an alternative pathway for families and allow them to resolve disputes in a less formal manner and reduce stress on children in the process. Mediation services are quite expensive, between $100-200 per session, and only about half of family law cases with children are served through mediation due to limited access.
This optional fee was capped at $10 for the last 48 years, until the Legislature passed SB 97 in the 2025 session. The bill raises the cap to $35 and indexes it to inflation going forward. Counties can choose to levy any amount up to the cap as part of their normal fee schedule development resolution or ordinance. This fee would be collected by the county clerk upon issuance of the license. Currently only 12 counties levy this optional fee (Clackamas, Clatsop, Curry, Deschutes, Josephine, Lake, Lane, Lincoln, Marion, Multnomah, Umatilla, and Washington).The bill took effect May 28, upon the governor’s signature.
The bill also establishes a quarterly fiscal report, paid for out of the mediation funds, that county treasurers must submit to OJD via the presiding judge for each county. The intent of this report is to show OJD how mediation funds are being used across the state. Since these funds are administered by the counties, there isn’t a statewide picture of the funding gaps. Some counties are able to supplement these programs with general fund dollars, but most are not.
Contributed by: Tim Dooley | Legislative Affairs Manager