Personal Injury Mediation in Oregon
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Oregon, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$15,000 – $65,000
Avg Settlement
How Mediation Works in Oregon
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Oregon. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Oregon Injury Law Overview
Oregon applies modified comparative fault with a 51% bar. The 2-year statute of limitations applies to most personal injury claims. Oregon does not mandate no-fault PIP coverage, though it is available optionally. Oregon's outdoor recreation industry — hiking, skiing, white-water rafting — generates distinctive personal injury litigation. Portland and the Willamette Valley corridor see significant personal injury caseloads. Oregon has no general cap on compensatory damages. Oregon's Economic Damages Act defines recoverable economic losses, while noneconomic damages including pain and suffering are fully recoverable in most cases. Medical malpractice cases in Oregon have a 2-year statute of limitations with a discovery rule. Oregon does not cap punitive damages by statute, but the Oregon Supreme Court has struck down excessive punitive awards on due process grounds. Oregon's Dram Shop Act creates liability for commercial vendors who serve visibly intoxicated patrons who subsequently injure third parties.