Mediation and Arbitration

ORS 36.266
Suspension of court proceedings during mediation

  • dismissal of action

(1)

During the pendency of any action between parties to a mediation under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding), the court may, upon stipulation by all parties, enter an order suspending the action.

(2)

A suspension order under subsection (1) of this section suspends all orders and proceedings in the action for the time period specified in the suspension order. In specifying the time period, the court shall exercise its discretion for the purpose of permitting the parties to engage in mediation without prejudice to the rights of any person. The suspension order may include other terms and conditions as the court may consider appropriate. The suspension order may be revoked upon motion of any party or upon motion of the court.

(3)

If all parties to the action agree, by written stipulation, that all issues before the court are resolved by mediation under ORS 36.252 (Agricultural mediation services coordinated by State Department of Agriculture) to 36.268 (Provision of mediation services contingent on funding), the court shall dismiss the action. If the parties do not agree that the issues are resolved or if the court revokes the suspension order under subsection (2) of this section, the action shall proceed as if mediation had not been attempted. [1989 c.967 §10; 2015 c.202 §9]
Note: See note under 36.252 (Agricultural mediation services coordinated by State Department of Agriculture).
Source

Last accessed
Mar. 11, 2023

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