Mediation and Arbitration

ORS 36.405
Referral to mandatory arbitration

  • exemptions

(1)

Except as provided in ORS 30.136 (Action to enforce right or remedy under Servicemembers Civil Relief Act), in a civil action in a circuit court where all parties have appeared, the court shall refer the action to arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) if either of the following applies:

(a)

The only relief claimed is recovery of money or damages, and no party asserts a claim for money or general and special damages in an amount exceeding $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment.

(b)

The action is a domestic relations suit, as defined in ORS 107.510 (Definitions for ORS 107), in which the only contested issue is the division or other disposition of property between the parties.

(2)

The presiding judge for a judicial district may do either of the following:

(a)

Exempt from arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) a civil action that otherwise would be referred to arbitration under this section.

(b)

Remove from further arbitration proceedings a civil action that has been referred to arbitration under this section, when, in the opinion of the judge, good cause exists for that exemption or removal.

(3)

If a court has established a mediation program that is available for a civil action that would otherwise be subject to arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award), the court shall not assign the proceeding to arbitration if the proceeding is assigned to mediation pursuant to the agreement of the parties. Notwithstanding any other provision of ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award), a party who completes a mediation program offered by a court shall not be required to participate in arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award). [Formerly 33.360; 1995 c.455 §2a; 1995 c.618 §11; 1995 c.658 §31a; 1995 c.781 §32; 2005 c.274 §2; 2009 c.83 §3]
Source

Last accessed
Mar. 11, 2023

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