If the parties have not reached an agreement within 15 days of the first mediation session, the parties may either continue in mediation or either party may declare an impasse (ORS 243.712(2)). Although a mediator may declare an impasse before the expiration of the 15 days of mediation, it is not the practice of the State Conciliation Service to do this.
A party declares an impasse by filing a written notice of declaration of impasse with the State Conciliator and providing the other party with a copy of the notice on the same day that the notice is filed with the State Conciliator. If submitting the declaration of impasse by email, it should be submitted to
ERB.Filings@ERB.Oregon.gov.