(2) In determining whether mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney shall consider, at a minimum, the following factors:
(a) The nature of the offense;
(b) Any special characteristics of the offender or the victim;
(c) Whether the offender has previously participated in mediation;
(d) Whether it is probable that the offender will cooperate with and benefit from mediation;
(e) The recommendations of the victim;
(f) Whether a qualified mediation program is available or may be made available;
(g) The impact of mediation on the community;
(h) The recommendations of the involved law enforcement agency; and
(i) Any mitigating circumstances.
(3) Mediation may not be used for:
(a) Disputes between family or household members, as defined in ORS 107.705, that involve conduct that would constitute assault under ORS 163.160, 163.165, 163.175 or 163.185 or strangulation under ORS 163.187; or
(b) Offenses that involve sex crimes, as defined in ORS 163A.005. [1995 c.323 §1; 2003 c.577 §6]
Note: 135.951 to 135.959 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.