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