Modern Mediation: Making Threats in Mediation

Does a mediation party have impunity to threaten during a mediation session that they will commit a (nonviolent) crime or other unlawful acts unless the other party dismisses or settles the case on unfavorable terms?

Without the mediation setting, that would likely constitute extortion, and could lead to criminal charges and possibly rescission of any resulting agreement.

But if the threat is made as a mediation communication, it is confidential and cannot be used in a subsequent proceeding under the strict confidentiality protection of ORS 36.220(1)(a) and 36.222(1).