PocketLaw | Oregon Revised Statutes | Mediation and Arbitration

Mediation and Arbitration

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Policy for ORS 36.100 to 36.238.

Declaration of purpose of ORS 36.100 to 36.238.

Definitions for ORS 36.100 to 36.238.

[1989 c.718 §4; 1991 c.538 §1; repealed by 2003 c.791 §33]

[1989 c.718 §5; repealed by 2003 c.791 §33]

[1989 c.718 §6; repealed by 2003 c.791 §33]

[1989 c.718 §7; repealed by 2003 c.791 §33]

Review of dispute resolution programs; suspension or termination of funding.

[1989 c.718 §9; repealed by 2003 c.791 §33]

Dispute Resolution Account.

Additional funding.

Grants for dispute resolution services in counties; rules.

Participation by counties; notice; contents; effect of failure to give notice.

Termination of county participation.

[1989 c.718 §15; 1991 c.538 §4; 1991 c.790 §4; 1995 c.664 §77; 1995 c.666 §12; 1997 c.801 §§38,39; 2003 c.791 §18a; 2005 c.817 §4f; 2007 c.860 §26; 2009 c.659 §§18,19; 2010 c.107 §§36,37,38; repealed by 2011 c.595 §107]

Rules for administration of dispute resolution programs.

Mediation and other alternative dispute resolution services for public bodies.

[1989 c.718 §18; repealed by 2003 c.791 §33]

Referral of civil dispute to mediation; objection; information to parties.

Stipulation to mediation; selection of mediator; stay of proceedings.

Presence of attorney; authority and duties of mediator; notice to court at completion of mediation.

Mediation panels; qualification; procedure for selecting mediator.

[1989 c.718 §23; 1995 c.678 §1; repealed by 1997 c.670 §15]

Liability of mediators and programs.

Confidentiality of mediation communications and agreements; exceptions.

Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings.

State agencies; confidentiality of mediation communications; rules.

Public bodies other than state agencies; confidentiality of mediation communications.

Mediations in which two or more public bodies are parties.

Public bodies; confidentiality of mediation agreements.

Disclosures allowed for reporting, research, training and educational purposes.

Parties to mediation.

Effect on other laws.

Application of ORS 36.210 and 36.220 to 36.238.

[1997 c.706 §2; repealed by 2003 c.791 §33]

[1989 c.967 §2; 2001 c.104 §9; 2005 c.657 §3; 2009 c.294 §2; repealed by 2015 c.202 §1]

Agricultural mediation services coordinated by State Department of Agriculture; rules.

Contracts for mediation services.

Request for mediation services.

Duties of mediator.

Mediation agreement.

Confidentiality of mediation materials.

Civil immunity for mediators and mediation service providers.

Suspension of court proceedings during mediation; dismissal of action.

Provision of mediation services contingent on funding.

[1995 c.277 §5; repealed by 2015 c.202 §1]

Mediation of disputes related to interference with farming practices.

Confidentiality of mediation communications and agreement.

[Formerly 33.210; repealed by 2003 c.598 §57]

[Formerly 33.220; repealed by 2003 c.598 §57]

[Formerly 33.230; repealed by 2003 c.598 §57]

[Formerly 33.240; repealed by 2003 c.598 §57]

[Formerly 33.250; repealed by 2003 c.598 §57]

[Formerly 33.260; repealed by 2003 c.598 §57]

[Formerly 33.270; repealed by 2003 c.598 §57]

[Formerly 33.280; repealed by 2003 c.598 §57]

[Formerly 33.290; repealed by 2003 c.598 §57]

[Formerly 33.300; repealed by 2003 c.598 §57]

[Formerly 33.310; 1997 c.801 §53; 1999 c.63 §1; 2003 c.737 §35; repealed by 2003 c.598 §57]

[Formerly 33.320; 1997 c.801 §54; 2003 c.737 §38; repealed by 2003 c.598 §57]

[Formerly 33.330; repealed by 2003 c.598 §57]

[Formerly 33.340; repealed by 2003 c.598 §57]

Mandatory arbitration programs.

Referral to mandatory arbitration; exemptions.

Stipulation for arbitration; conditions; relief.

Arbitration after waiver of amount of claim exceeding $50,000; motion for referral to arbitration.

Notice of arbitration hearing; open proceeding; compensation and expenses.

Filing of decision and award; notice of appeal; trial de novo; attorney fees and costs; effect of arbitration decision and award.

Definitions for ORS 36.450 to 36.558.

Policy.

Application of ORS 36.450 to 36.558; when arbitration or conciliation agreement is international; validity of written agreements.

Construction of ORS 36.450 to 36.558.

When written communication considered to have been received.

Waiver of objection to arbitration.

Prohibition on intervention by court.

Venue.

Arbitration agreements to be in writing.

Application to stay judicial proceedings and compel arbitration.

Interim judicial relief; factors considered by court; determination of arbitral tribunal’s jurisdiction.

Number of arbitrators.

Procedure for appointment of arbitrators; appointment by circuit court.

Disclosure by proposed arbitrators and conciliators; waiver of disclosure; grounds for challenge.

Procedure for challenging arbitrator.

Withdrawal of arbitrator; termination of mandate.

Substitute arbitrator; effect of substitution.

Arbitral tribunal may rule on own jurisdiction; time for raising issue of jurisdiction; review by circuit court.

Interim measures of protection ordered by arbitral tribunal; security.

Fairness in proceedings.

Procedures subject to agreement by parties; procedure in absence of agreement.

Place of arbitration.

Commencement of arbitral proceedings.

Language used in proceedings.

Contents of statements by claimant and respondent; amendment or supplement.

Oral hearing; notice; discovery.

Effect of failure to make required statement or to appear at oral hearing.

Appointment of experts.

Circuit court assistance in taking evidence; circuit court authorized to enter certain orders upon application.

Choice of laws.

Decision of arbitral tribunal.

Settlement.

Arbitral award; contents; interim award; award for costs of arbitration.

Termination of arbitral proceedings.

Correction of errors in award; interpretation of award; additional award.

Setting aside award; grounds; time for application; circuit court fees.

Enforcement of award; procedure; fee; entry of judgment.

Grounds for refusal to enforce award; fee.

Provisions to be interpreted in good faith.

Policy to encourage conciliation.

Guiding principles of conciliators.

Manner of conducting conciliation proceedings.

Draft conciliation settlement.

Prohibition on use of statements, admissions or documents arising out of conciliation proceedings.

Conciliation to act as stay of other proceedings; tolling of limitation periods during conciliation.

Termination of conciliation proceedings.

Conciliator not to be arbitrator or take part in arbitral or judicial proceedings.

Submission to conciliation not waiver.

Conciliation agreement to be treated as arbitral award.

Costs of conciliation proceedings.

Payment of costs.

Effect of conciliation on jurisdiction of courts.

Immunities.

Severability.

Short title.

Definitions.

Notice.

Effect of agreement to arbitrate; nonwaivable provisions.

Application for judicial relief; fees.

Validity of agreement to arbitrate; form of acknowledgment of agreement.

Petition to compel or stay arbitration.

Provisional remedies.

Initiation of arbitration.

Consolidation of separate arbitration proceedings.

Appointment of arbitrator; service as neutral arbitrator.

Disclosure by arbitrator.

Action by majority.

Immunity of arbitrator; competency to testify; attorney fees and costs.

Arbitration process.

Representation by a lawyer; representation of legal or commercial entities.

Witnesses; subpoenas; depositions; discovery.

Judicial enforcement of preaward ruling by arbitrator.

Award.

Change of award by arbitrator.

Remedies; fees and expenses of arbitration proceeding.

Confirmation of award.

Vacating award.

Modification or correction of award.

Judgment on award; attorney fees and litigation expenses.

Jurisdiction.

Venue.

Appeals.

Uniformity of application and construction.

Relationship to electronic signatures in Global and National Commerce Act.