Reference Judge & Mediation

Gilbert Feibleman only provides mediation or reference judge services to cases where parties are represented by lawyers.  He is happy to refer unrepresented parties to other mediators.

In counties that have adopted the Reference Judge program, parties are allowed to stipulate to the assignment of their case to a private reference judge to handle all matters.  The reference judge must be from a county by county list of lawyers and retired judges who have been approved for such service by both the presiding judge and the Oregon Supreme Court.  Gil Feibleman is an approved Reference Judge in Benton, Clackamas, Clatsop, Columbia, Curry, Deschutes, Jefferson, Josephine, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington & Yamhill counties.

Avoid the delays and uncertainties of the local courtroom by choosing your own private "Reference Judge" who you know has the skill, knowledge, experience and temperament to resolve difficult issues in a just and equitable manner. Streamlined procedures agreed to by both parties can save your clients time, stress and money.  As the Judge I will handle all legal matters and can make prompt and enforceable rulings.

As your mediator I can handle complex or emotionally charged situations with the skill set to keep the momentum moving forward even in complex matters. A mediator whose 45+ years of settlement and litigation experience can help your clients make the significant decisions necessary to get your case resolved.  As your mediator, I can help facilitate agreements but I cannot make rulings.

In cases where the lawyers and parties agree, the Reference Judge can also act as a mediator to further increase the odds of settlement because the parties are aware that the mediator will be the judge if the case does not settle.  This avoids the "two bites of the apple" problem and allows the mediator to give advice of how things might look at trial with more effectiveness.  The Oregon Code of Judicial Conduct, section 3.8, specifically permits a judge who will rule on the merits of a pending case to also participate in the case as a settlement judge with the consent of the parties.  Section 3.9 of the OCJD specifically permits the settlement judge to confer separately with the parties or their lawyers in an effort to settle matters before the court with the consent of the parties.