(2) Except as provided under ORS 36.220 to 36.238, if the parties to a mediation described in ORS 36.280 have agreed in writing that all or part of the mediation communications or all or part of the terms of a mediation agreement are confidential, a cause of action exists against a party that discloses the confidential communications or terms for damages resulting from the disclosure.
(3) ORS 36.280 does not require a party to a mediation proceeding to disclose confidential business information or to disclose other confidential information that may be adverse to the legal interests of the party. [2015 c.630 §2]
Note: See second note under 36.280.
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