ORS Chapter 36

Chapter 36 — Mediationand Arbitration

2009 EDITION

MEDIATIONAND ARBITRATION

SPECIALACTIONS AND PROCEEDINGS

DISPUTERESOLUTION

(Generally)

36.100 Policyfor ORS 36.100 to 36.238

36.105 Declarationof purpose of ORS 36.100 to 36.238

36.110 Definitionsfor ORS 36.100 to 36.238

(DisputeResolution Programs)

36.135 Reviewof dispute resolution programs; suspension or termination of funding

36.145 DisputeResolution Account

36.150 Additionalfunding

36.155 Grantsfor dispute resolution services in counties; rules

36.160 Participationby counties; notice; contents; effect of failure to give notice

36.165 Terminationof county participation

36.170 Surchargeon appearance fees

(ProgramStandards)

36.175 Rulesfor administration of dispute resolution programs

(DisputeResolution for Public Bodies)

36.179 Mediationand other alternative dispute resolution services for public bodies

(Mediationin Civil Cases)

36.185 Referralof civil dispute to mediation; objection; information to parties

36.190 Stipulationto mediation; selection of mediator; stay of proceedings

36.195 Presenceof attorney; authority and duties of mediator; notice to court at completion ofmediation

36.200 Mediationpanels; qualification; procedure for selecting mediator

(Liabilityof Mediators and Programs)

36.210 Liabilityof mediators and programs

(Confidentialityof Mediation Communications and Agreements)

36.220 Confidentialityof mediation communications and agreements; exceptions

36.222 Admissibilityand disclosure of mediation communications and agreements in subsequentadjudicatory proceedings

36.224 Stateagencies; confidentiality of mediation communications; rules

36.226 Publicbodies other than state agencies; confidentiality of mediation communications

36.228 Mediationsin which two or more public bodies are parties

36.230 Publicbodies; confidentiality of mediation agreements

36.232 Disclosuresallowed for reporting, research, training and educational purposes

36.234 Partiesto mediation

36.236 Effecton other laws

36.238 Applicationof ORS 36.210 and 36.220 to 36.238

MEDIATIONOF FORECLOSURE OF AGRICULTURAL PROPERTY

36.250 Definitionsfor ORS 36.250 to 36.270

36.252 Directorof Agriculture or designee to serve as agricultural mediation service coordinator;rules

36.254 Contractsfor mediation services

36.256 Requestfor mediation services; eligibility; form of request; response

36.258 Qualification,duties and authority of mediator

36.260 Mediationagreement; effect of agreement

36.262 Confidentialityof mediation materials

36.264 Civilimmunity for mediators and mediation services

36.266 Suspensionof court proceedings during mediation; dismissal of action

36.268 Provisionof mediation services contingent on funding

36.270 Utilizationof mediation program for other disputes

COURTARBITRATION PROGRAM

36.400 Mandatoryarbitration programs

36.405 Referralto mandatory arbitration; exemptions

36.410 Stipulationfor arbitration; conditions; relief

36.415 Arbitrationafter waiver of amount of claim exceeding $50,000; motion for referral toarbitration

36.420 Noticeof arbitration hearing; open proceeding; compensation and expenses

36.425 Filingof decision and award; notice of appeal; trial de novo; attorney fees andcosts; effect of arbitration decision and award

OREGONINTERNATIONAL COMMERCIAL ARBITRATION AND CONCILIATION ACT

36.450 Definitionsfor ORS 36.450 to 36.558

36.452 Policy

36.454 Applicationof ORS 36.450 to 36.558; when arbitration or conciliation agreement isinternational; validity of written agreements

36.456 Constructionof ORS 36.450 to 36.558

36.458 Whenwritten communication considered to have been received

36.460 Waiverof objection to arbitration

36.462 Prohibitionon intervention by court

36.464 Venue

36.466 Arbitrationagreements to be in writing

36.468 Applicationto stay judicial proceedings and compel arbitration

36.470 Interimjudicial relief; factors considered by court; determination of arbitraltribunal’s jurisdiction

36.472 Numberof arbitrators

36.474 Procedurefor appointment of arbitrators; appointment by circuit court

36.476 Disclosureby proposed arbitrators and conciliators; waiver of disclosure; grounds forchallenge

36.478 Procedurefor challenging arbitrator

36.480 Withdrawalof arbitrator; termination of mandate

36.482 Substitutearbitrator; effect of substitution

36.484 Arbitraltribunal may rule on own jurisdiction; time for raising issue of jurisdiction;review by circuit court

36.486 Interimmeasures of protection ordered by arbitral tribunal; security

36.488 Fairnessin proceedings

36.490 Proceduressubject to agreement by parties; procedure in absence of agreement

36.492 Placeof arbitration

36.494 Commencementof arbitral proceedings

36.496 Languageused in proceedings

36.498 Contentsof statements by claimant and respondent; amendment or supplement

36.500 Oralhearing; notice; discovery

36.502 Effectof failure to make required statement or to appear at oral hearing

36.504 Appointmentof experts

36.506 Circuitcourt assistance in taking evidence; circuit court authorized to enter certainorders upon application

36.508 Choiceof laws

36.510 Decisionof arbitral tribunal

36.512 Settlement

36.514 Arbitralaward; contents; interim award; award for costs of arbitration

36.516 Terminationof arbitral proceedings

36.518 Correctionof errors in award; interpretation of award; additional award

36.520 Settingaside award; grounds; time for application; circuit court fees

36.522 Enforcementof award; procedure; fee; entry of judgment

36.524 Groundsfor refusal to enforce award; fee

36.526 Provisionsto be interpreted in good faith

36.528 Policyto encourage conciliation

36.530 Guidingprinciples of conciliators

36.532 Mannerof conducting conciliation proceedings

36.534 Draftconciliation settlement