USA Statutes : oregon
Title : TITLE 03 REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
Chapter : Chapter 36 Mediation and Arbitration
It is the policy and
purpose of ORS 36.100 to 36.238 that, when two or more persons cannot
settle a dispute directly between themselves, it is preferable that the
disputants be encouraged and assisted to resolve their dispute with the
assistance of a trusted and competent third party mediator, whenever
possible, rather than the dispute remaining unresolved or resulting in
litigation. [1989 c.718 §1; 2003 c.791 §9] The
Legislative Assembly declares that it is the purpose of ORS 36.100 to
36.238 to:

(1) Foster the development of community-based programs that will
assist citizens in resolving disputes and developing skills in conflict
resolution;

(2) Allow flexible and diverse programs to be developed in this
state, to meet specific needs in local areas and to benefit this state as
a whole through experiments using a variety of models of peaceful dispute
resolution;

(3) Find alternative methods for addressing the needs of crime
victims in criminal cases when those cases are either not prosecuted for
lack of funds or can be more efficiently handled outside the courts;

(4) Provide a method to evaluate the effect of dispute resolution
programs on communities, local governments, the justice system and state
agencies;

(5) Encourage the development and use of mediation panels for
resolution of civil litigation disputes;

(6) Foster the development or expansion of integrated, flexible and
diverse state agency programs that involve state and local agencies and
the public and that provide for use of alternative means of dispute
resolution pursuant to ORS 183.502; and

(7) Foster efforts to integrate community, judicial and state
agency dispute resolution programs. [1989 c.718 §2; 1997 c.706 §3; 2003
c.791 §10]

(1) “Arbitration” means any arbitration whether or not administered
by a permanent arbitral institution.

(2) “Dean” means the Dean of the University of Oregon School of Law.

(3) “Dispute resolution program” means an entity that receives a
grant under ORS 36.155 to provide dispute resolution services.

(4) “Dispute resolution services” includes but is not limited to
mediation, conciliation and arbitration.

(5) “Mediation” means a process in which a mediator assists and
facilitates two or more parties to a controversy in reaching a mutually
acceptable resolution of the controversy and includes all contacts
between a mediator and any party or agent of a party, until such time as
a resolution is agreed to by the parties or the mediation process is
terminated.

(6) “Mediation agreement” means an agreement arising out of a
mediation, including any term or condition of the agreement.

(7) “Mediation communications” means:

(a) All communications that are made, in the course of or in
connection with a mediation, to a mediator, a mediation program or a
party to, or any other person present at, the mediation proceedings; and

(b) All memoranda, work products, documents and other materials,
including any draft mediation agreement, that are prepared for or
submitted in the course of or in connection with a mediation or by a
mediator, a mediation program or a party to, or any other person present
at, mediation proceedings.

(8) “Mediation program” means a program through which mediation is
made available and includes the director, agents and employees of the
program.

(9) “Mediator” means a third party who performs mediation.
“Mediator” includes agents and employees of the mediator or mediation
program and any judge conducting a case settlement conference.

(10) “Public body” has the meaning given that term in ORS 174.109.

(11) “State agency” means any state officer, board, commission,
bureau, department, or division thereof, in the executive branch of state
government. [1989 c.718 §3; 1997 c.670 §11; 2003 c.791 §§11,11a; 2005
c.817 §3](Dispute Resolution Programs)The Dean of the University of Oregon School of
Law shall periodically review dispute resolution programs in this state.
If the dean determines that there are reasonable grounds to believe that
a program is not in substantial compliance with the standards and
guidelines adopted under ORS 36.175, the dean may suspend or terminate
the funding of the program under ORS 36.155 and recover any unexpended
funds or improperly expended funds from the program. [1989 c.718 §8; 1995
c.781 §31; 2003 c.791 §12; 2005 c.817 §4] The Dispute Resolution Account
is established in the State Treasury, separate and distinct from the
General Fund. All moneys received under ORS 36.150 shall be deposited to
the credit of the account. Notwithstanding the provisions of ORS 291.238,
all moneys in the account are continuously appropriated to the Department
of Higher Education for the purposes for which the moneys were made
available and shall be expended in accordance with the terms and
conditions upon which the moneys were made available. [1989 c.718 §10;
1997 c.801 §44; 2003 c.791 §§13,13a; 2005 c.817 §4a] The Department of Higher Education, on
behalf of the Mark O. Hatfield School of Government and the University of
Oregon School of Law, may accept and expend moneys from any public or
private source, including the federal government, made available for the
purpose of encouraging, promoting or establishing dispute resolution
programs in Oregon or to facilitate and assist the schools in carrying
out the responsibilities of the schools under ORS 36.100 to 36.238 and
183.502. All moneys received by the Department of Higher Education under
this section shall be deposited in the Dispute Resolution Account. [1989
c.718 §11; 2003 c.791 §15; 2005 c.817 §4b]
The Dean of the University of Oregon School of Law shall award grants for
the purpose of providing dispute resolution services in counties. Grants
under this section shall be made from funds appropriated to the
Department of Higher Education on behalf of the University of Oregon
School of Law for distribution under this section. The State Board of
Higher Education may adopt rules for the operation of the grant program.
[1989 c.718 §12; 1991 c.538 §2; 1997 c.801 §41; 2001 c.581 §1; 2003 c.791
§16; 2005 c.817 §4c](1) To qualify for a grant under ORS 36.155, a
county shall notify the Dean of the University of Oregon School of Law in
accordance with the schedule established by rule by the dean. Such
notification shall be by resolution of the appropriate board of county
commissioners or, if the programs are to serve more than one county, by
joint resolution. A county providing notice may select the dispute
resolution programs to receive grants under ORS 36.155 for providing
dispute resolution services within the county from among qualified
dispute resolution programs.

(2) The county’s notification to the dean must include a statement
of agreement by the county to engage in a selection process and to select
as the recipient of funding an entity capable of and willing to provide
dispute resolution services according to the rules of the dean. The award
of a grant is contingent upon the selection by the county of a qualified
entity. The dean may provide consultation and technical assistance to a
county to identify, develop and implement dispute resolution programs
that meet the standards and guidelines adopted by the dean under ORS
36.175.

(3) If a county does not issue a notification according to the
schedule established by the dean, the dean may notify a county board of
commissioners that the dean intends to make a grant to a dispute
resolution program in the county. The dean may, after such notification,
assume the county’s role under subsection (1) of this section unless the
county gives the notice required by subsection (1) of this section. If
the dean assumes the county’s role, the dean may contract with a
qualified program for a two-year period. The county may, 90 days before
the expiration of an agreement between a qualified program and the dean,
notify the dean under subsection (1) of this section that the county
intends to assume its role under subsection (1) of this section.

(4) All dispute resolution programs identified for funding shall
comply with the rules adopted under ORS 36.175.

(5) All funded dispute resolution programs shall submit
informational reports and statistics as required by the dean. [1989 c.718
§13; 1991 c.538 §3; 1995 c.515 §1; 1997 c.801 §43; 2003 c.791 §17; 2005
c.817 §4d] (1) Any county that
receives a grant under ORS 36.155 may terminate its participation at the
end of any month by delivering a resolution of its board of commissioners
to the Dean of the University of Oregon School of Law not less than 180
days before the termination date.

(2) If a county terminates its participation under ORS 36.160, the
remaining portion of the grant made to the county under ORS 36.160 shall
revert to the University of Oregon School of Law to be used as specified
in ORS 36.155. [1989 c.718 §14; 2003 c.791 §18; 2005 c.817 §4e] (1) The clerks of the circuit
courts shall collect a dispute resolution surcharge at the time a civil
action, suit or proceeding is filed, including appeals. The surcharge
shall be collected from a plaintiff or petitioner at the time the
proceeding is filed. The surcharge shall be collected from a defendant or
respondent upon making appearance. The amount of the surcharge shall be:

(a) $9, if the action, suit or proceeding is subject to the filing
fees established by ORS 21.110 (1), 21.310 or any other filing fee not
specifically provided for in this section.

(b) $7, if the action, suit or proceeding is subject to the filing
fees established by ORS 21.110 (2) or 105.130, or if the action is filed
in the small claims department of circuit court and the amount or value
claimed exceeds $1,500.

(c) $5, if the action, suit or proceeding is subject to the filing
fees established by ORS 21.111.

(d) $3 if the action is filed in the small claims department of
circuit court and the amount or value claimed does not exceed $1,500.

(2) All surcharges collected under this section shall be deposited
by the State Court Administrator into the State Treasury to the credit of
the General Fund. [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](Program Standards) (1)
The Dean of the University of Oregon School of Law shall adopt by rule:

(a) Standards and guidelines for dispute resolution programs
receiving grants under ORS 36.155;

(b) Minimum reporting requirements for dispute resolution programs
receiving grants under ORS 36.155;

(c) Methods for evaluating dispute resolution programs receiving
grants under ORS 36.155;

(d) Minimum qualifications and training for persons conducting
dispute resolution services in dispute resolution programs receiving
grants under ORS 36.155;

(e) Participating funds requirements, if any, for entities
receiving grants under ORS 36.155;

(f) Requirements, if any, for the payment by participants for
services provided by a program receiving grants under ORS 36.155; and

(g) Any other provisions or procedures for the administration of
ORS 36.100 to 36.175.

(2) This section does not apply to state agency dispute resolution
programs. [1989 c.718 §16; 1997 c.706 §4; 2003 c.791 §19; 2005 c.817 §4g](Dispute Resolution for Public Bodies)The Mark O. Hatfield School of Government shall
establish and operate a program to provide mediation and other
alternative dispute resolution services to public bodies, as defined by
ORS 174.109, and to persons who have disputes with public bodies, as
defined by ORS 174.109. [2005 c.817 §11](Mediation in Civil Cases)After the appearance by all parties in any civil
action, except proceedings under ORS 107.700 to 107.735 or 124.005 to
124.040, a judge of any circuit court may refer a civil dispute to
mediation under the terms and conditions set forth in ORS 36.185 to
36.210. When a party to a case files a written objection to mediation
with the court, the action shall be removed from mediation and proceed in
a normal fashion. All civil disputants shall be provided with written
information describing the mediation process, as provided or approved by
the State Court Administrator, along with information on established
court mediation opportunities. Filing parties shall be provided with this
information at the time of filing a civil action. Responding parties
shall be provided with this information by the filing party along with
the initial service of filing documents upon the responding party. [1989
c.718 §19; 1993 c.327 §1; 1995 c.666 §13; 2003 c.791 §20](1) On written stipulation of all parties at any time prior
to trial, the parties may elect to mediate their civil dispute under the
terms and conditions of ORS 36.185 to 36.210.

(2) Upon referral or election to mediate, the parties shall select
a mediator by written stipulation or shall follow procedures for
assignment of a mediator from the court’s panel of mediators.

(3) During the period of any referred or elected mediation under
ORS 36.185 to 36.210, all trial and discovery timelines and requirements
shall be tolled and stayed as to the participants. Such tolling shall
commence on the date of the referral or election to mediate and shall end
on the date the court is notified in writing of the termination of the
mediation by the mediator or one party requests the case be put back on
the docket. All time limits and schedules shall be tolled, except that a
judge shall have discretion to adhere to preexisting pretrial order
dates, trial dates or dates relating to temporary relief. [1989 c.718 §20](1) Unless otherwise agreed
to in writing by the parties, the parties’ legal counsel shall not be
present at any scheduled mediation sessions conducted under the
provisions of ORS 36.100 to 36.175.

(2) Attorneys and other persons who are not parties to a mediation
may be included in mediation discussions at the mediator’s discretion,
with the consent of the parties, for mediation held under the provisions
of ORS 36.185 to 36.210.

(3) The mediator, with the consent of the parties, may adopt
appropriate rules to facilitate the resolution of the dispute and shall
have discretion, with the consent of the parties, to suspend or continue
mediation. The mediator may propose settlement terms either orally or in
writing.

(4) All court mediators shall encourage disputing parties to obtain
individual legal advice and individual legal review of any mediated
agreement prior to signing the agreement.

(5) Within 10 judicial days of the completion of the mediation, the
mediator shall notify the court whether an agreement has been reached by
the parties. If the parties do not reach agreement, the mediator shall
report that fact only to the court, but shall not make a recommendation
as to resolution of the dispute without written consent of all parties or
their legal counsel. The action shall then proceed in the normal fashion
on either an expedited or regular pretrial list.

(6) The court shall retain jurisdiction over a case selected for
mediation and shall issue orders as it deems appropriate. [1989 c.718 §21](1) A circuit court providing mediation referral under ORS
36.185 to 36.210 shall establish mediation panels. The mediators on such
panels shall have such qualifications as established by rules adopted
under ORS 1.002. Formal education in any particular field shall not be a
prerequisite to serving as a mediator.

(2) Unless instructed otherwise by the court, upon referral by the
court to mediation, the clerk of the court shall select at least three
individuals from the court’s panel of mediators and shall send their
names to legal counsel for the parties, or to a party directly if not
represented, with a request that each party state preferences within five
judicial days. If timely objection is made to all of the individuals
named, the court shall select some other individual from the mediator
panel. Otherwise, the clerk, under the direction of the court, shall
select as mediator one of the three individuals about whom no timely
objection was made.

(3) Upon the court’s or the parties’ own selection of a mediator,
the clerk shall:

(a) Notify the designated person of the assignment as mediator.

(b) Provide the mediator with the names and addresses of the
parties and their representatives and with copies of the order of
assignment.

(4) The parties to a dispute that is referred by the court to
mediation may choose, at their option and expense, mediation services
other than those suggested by the court, and entering into such private
mediation services shall be subject to the same provisions of ORS 36.185
to 36.210.

(5) Disputing parties in mediation shall be free, at their own
expense, to retain jointly or individually, experts, attorneys, fact
finders, arbitrators and other persons to assist the mediation, and all
such dispute resolution efforts shall be subject to the protection of ORS
36.185 to 36.210. [1989 c.718 §22; 1993 c.327 §2; 2003 c.791 §21](Liability of Mediators and Programs) (1) Mediators,
mediation programs and dispute resolution programs are not civilly liable
for any act or omission done or made while engaged in efforts to assist
or facilitate a mediation or in providing other dispute resolution
services, unless the act or omission was made or done in bad faith, with
malicious intent or in a manner exhibiting a willful, wanton disregard of
the rights, safety or property of another.

(2) Mediators, mediation programs and dispute resolution programs
are not civilly liable for the disclosure of a confidential mediation
communication unless the disclosure was made in bad faith, with malicious
intent or in a manner exhibiting a willful, wanton disregard of the
rights, safety or property of another.

(3) The limitations on liability provided by this section apply to
the officers, directors, employees and agents of mediation programs and
dispute resolution programs. [1989 c.718 §24; 1995 c.678 §2; 1997 c.670
§12; 2001 c.72 §1; 2003 c.791 §§22,22a](Confidentiality of Mediation Communications and Agreements)(1) Except as provided in ORS 36.220 to 36.238:

(a) Mediation communications are confidential and may not be
disclosed to any other person.

(b) The parties to a mediation may agree in writing that all or
part of the mediation communications are not confidential.

(2) Except as provided in ORS 36.220 to 36.238:

(a) The terms of any mediation agreement are not confidential.

(b) The parties to a mediation may agree that all or part of the
terms of a mediation agreement are confidential.

(3) Statements, memoranda, work products, documents and other
materials, otherwise subject to discovery, that were not prepared
specifically for use in a mediation, are not confidential.

(4) Any document that, before its use in a mediation, was a public
record as defined in ORS 192.410 remains subject to disclosure to the
extent provided by ORS 192.410 to 192.505.

(5) Any mediation communication relating to child abuse that is
made to a person who is required to report child abuse under the
provisions of ORS 419B.010 is not confidential to the extent that the
person is required to report the communication under the provisions of
ORS 419B.010. Any mediation communication relating to elder abuse that is
made to a person who is required to report elder abuse under the
provisions of ORS 124.050 to 124.095 is not confidential to the extent
that the person is required to report the communication under the
provisions of ORS 124.050 to 124.095.

(6) A mediation communication is not confidential if the mediator
or a party to the mediation reasonably believes that disclosing the
communication is necessary to prevent a party from committing a crime
that is likely to result in death or substantial bodily injury to a
specific person.

(7) A party to a mediation may disclose confidential mediation
communications to a person if the party’s communication with that person
is privileged under ORS 40.010 to 40.585 or other provision of law. A
party may disclose confidential mediation communications to any other
person for the purpose of obtaining advice concerning the subject matter
of the mediation, if all parties to the mediation so agree.

(8) The confidentiality of mediation communications and agreements
in a mediation in which a public body is a party, or in which a state
agency is mediating a dispute as to which the state agency has regulatory
authority, is subject to ORS 36.224, 36.226 and 36.230. [1997 c.670 §1](1) Except as provided
in ORS 36.220 to 36.238, mediation communications and mediation
agreements that are confidential under ORS 36.220 to 36.238 are not
admissible as evidence in any subsequent adjudicatory proceeding, and may
not be disclosed by the parties or the mediator in any subsequent
adjudicatory proceeding.

(2) A party may disclose confidential mediation communications or
agreements in any subsequent adjudicative proceeding if all parties to
the mediation agree in writing to the disclosure.

(3) A mediator may disclose confidential mediation communications
or confidential mediation agreements in a subsequent adjudicatory
proceeding if all parties to the mediation, the mediator, and the
mediation program, if any, agree in writing to the disclosure.

(4) In any proceeding to enforce, modify or set aside a mediation
agreement, confidential mediation communications and confidential
mediation agreements may be disclosed to the extent necessary to
prosecute or defend the matter. At the request of a party, the court may
seal any part of the record of the proceeding to prevent further
disclosure of mediation communications or agreements to persons other
than the parties to the agreement.

(5) In an action for damages or other relief between a party to a
mediation and a mediator or mediation program, confidential mediation
communications or confidential mediation agreements may be disclosed to
the extent necessary to prosecute or defend the matter. At the request of
a party, the court may seal any part of the record of the proceeding to
prevent further disclosure of the mediation communications or agreements.

(6) A mediator may disclose confidential mediation communications
directly related to child abuse or elder abuse if the mediator is a
person who has a duty to report child abuse under ORS 419B.010 or elder
abuse under ORS 124.050 to 124.095.

(7) The limitations on admissibility and disclosure in subsequent
adjudicatory proceedings imposed by this section apply to any subsequent
judicial proceeding, administrative proceeding or arbitration proceeding.
The limitations on disclosure imposed by this section include disclosure
during any discovery conducted as part of a subsequent adjudicatory
proceeding, and no person who is prohibited from disclosing information
under the provisions of this section may be compelled to reveal
confidential communications or agreements in any discovery proceeding
conducted as part of a subsequent adjudicatory proceeding. Any
confidential mediation communication or agreement that may be disclosed
in a subsequent adjudicatory proceeding under the provisions of this
section may be introduced into evidence in the subsequent adjudicatory
proceeding. [1997 c.670 §2](1) Except as provided in this section, mediation communications
in mediations in which a state agency is a party, or in which a state
agency is mediating a dispute as to which the state agency has regulatory
authority, are not confidential and may be disclosed or admitted as
evidence in subsequent adjudicatory proceedings, as described in ORS
36.222 (7).

(2) The Attorney General shall develop rules that provide for the
confidentiality of mediation communications in mediations described in
subsection (1) of this section. The rules shall also provide for
limitations on admissibility and disclosure in subsequent adjudicatory
proceedings, as described in ORS 36.222 (7). The rules shall contain
provisions governing mediations of workplace interpersonal disputes.

(3) Rules developed by the Attorney General under this section must
include a provision for notice to the parties to a mediation regarding
the extent to which the mediation communications are confidential or
subject to disclosure or introduction as evidence in subsequent
adjudicatory proceedings.

(4) A state agency may adopt any or all of the rules developed by
the Attorney General under this section. The agency shall provide the
Governor with a copy of the rules that the agency proposes to adopt at
the time that the agency gives notice of intended action under ORS
183.335. The Governor may notify the agency that the Governor disapproves
of the proposed rules at any time before the agency files the rules with
the Secretary of State under ORS 183.355.

(5) Except as provided in ORS 36.222, mediation communications in
any mediation regarding a claim for workers’ compensation benefits
conducted pursuant to rules adopted by the Workers’ Compensation Board
are confidential, are not subject to disclosure under ORS 192.410 to
192.505 and may not be disclosed or admitted as evidence in subsequent
adjudicatory proceedings, as described in ORS 36.222 (7), without regard
to whether a state agency or other public body is a party to the
mediation or is the mediator in the mediation.

(6) Mediation communications made confidential by a rule adopted by
a state agency under this section are not subject to disclosure under ORS
192.410 to 192.505. [1997 c.670 §3; 2003 c.791 §23; 2005 c.333 §1](1) Except as provided in subsection (2) of
this section, mediation communications in mediations in which a public
body other than a state agency is a party are confidential and may not be
disclosed or admitted as evidence in subsequent adjudicatory proceedings,
as described in ORS 36.222 (7).

(2) A public body other than a state agency may adopt a policy that
provides that all or part of mediation communications in mediations in
which the public body is a party will not be confidential. If a public
body adopts a policy under this subsection, notice of the policy must be
provided to all other parties in mediations that are subject to the
policy. [1997 c.670 §4]
(1) Notwithstanding any other provision of ORS 36.220 to 36.238, if the
only parties to a mediation are public bodies, mediation communications
and mediation agreements in the mediation are not confidential except to
the extent those communications or agreements are exempt from disclosure
under ORS 192.410 to 192.505.

(2) Notwithstanding any other provision of ORS 36.220 to 36.238, if
two or more public bodies are parties to a mediation in which a private
person is also a party, mediation communications in the mediation are not
confidential if the laws, rules or policies governing confidentiality of
mediation communications for at least one of the public bodies provide
that mediation communications in the mediation are not confidential.

(3) Notwithstanding any other provision of ORS 36.220 to 36.238, if
two or more public bodies are parties to a mediation in which a private
person is also a party, mediation agreements in the mediation are not
confidential if the laws, rules or policies governing confidentiality of
mediation agreements for at least one of the public bodies provide that
mediation agreements in the mediation are not confidential. [1997 c.670
§4a] (1)
Except as provided in this section, mediation agreements are not
confidential if a public body is a party to the mediation or if the
mediation is one in which a state agency is mediating a dispute as to
which the state agency has regulatory authority.

(2) If a public body is a party to a mediation agreement, any
provisions of the agreement that are exempt from disclosure as a public
record under ORS 192.410 to 192.505 are confidential.

(3) If a public body is a party to a mediation agreement, and the
agreement is subject to the provisions of ORS 17.095, the terms of the
agreement are confidential to the extent that those terms are
confidential under ORS 17.095 (2).

(4) If a public body is a party to a mediation agreement arising
out of a workplace interpersonal dispute:

(a) The agreement is confidential if the public body is not a state
agency, unless the public body adopts a policy that provides otherwise;

(b) The agreement is confidential if the public body is a state
agency only to the extent that the state agency has adopted a rule under
ORS 36.224 that so provides; and

(c) Any term of an agreement that requires an expenditure of public
funds, other than expenditures of $1,000 or less for employee training,
employee counseling or purchases of equipment that remain the property of
the public body, may not be made confidential by a rule or policy of a
public body. [1997 c.670 §5; 2005 c.352 §2](1) If a public body conducts or makes available a
mediation, ORS 36.220 to 36.238 do not limit the ability of the mediator
to report the disposition of the mediation to that public body at the
conclusion of the mediation proceeding. The report made by a mediator to
a public body under this subsection may not disclose specific
confidential mediation communications made in the mediation.

(2) If a public body conducts or makes available a mediation, ORS
36.220 to 36.238 do not limit the ability of the public body to compile
and disclose general statistical information concerning matters that have
gone to mediation if the information does not identify specific cases.

(3) In any mediation in a case that has been filed in court, ORS
36.220 to 36.238 do not limit the ability of the court to:

(a) Require the parties or the mediator to report to the court the
disposition of the mediation at the conclusion of the mediation
proceeding;

(b) Disclose records reflecting which matters have been referred
for mediation; or

(c) Disclose the disposition of the matter as reported to the court.

(4) ORS 36.220 to 36.238 do not limit the ability of a mediator or
mediation program to use or disclose confidential mediation
communications, the disposition of matters referred for mediation and the
terms of mediation agreements to another person for use in research,
training or educational purposes, subject to the following:

(a) A mediator or mediation program may only use or disclose
confidential mediation communications if the communications are used or
disclosed in a manner that does not identify individual mediations or
parties.

(b) A mediator or mediation program may use or disclose
confidential mediation communications that identify individual mediations
or parties only if and to the extent allowed by a written agreement with,
or written waiver of confidentiality by, the parties. [1997 c.670 §6]For the purposes of ORS 36.220 to
36.238, a person, state agency or other public body is a party to a
mediation if the person or public body participates in a mediation and
has a direct interest in the controversy that is the subject of the
mediation. A person or public body is not a party to a mediation solely
because the person or public body is conducting the mediation, is making
the mediation available or is serving as an information resource at the
mediation. [1997 c.670 §7](1) Nothing in ORS 36.220 to 36.238
affects any confidentiality created by other law, including but not
limited to confidentiality created by ORS 107.755 to 107.795.

(2) Nothing in ORS 36.220 to 36.238 relieves a public body from
complying with ORS 192.610 to 192.690. [1997 c.670 §9] The
provisions of ORS 36.210 and 36.220 to 36.238 apply to all mediations,
whether conducted by a publicly funded program or by a private mediation
provider. [1997 c.670 §8]MEDIATION OF FORECLOSURE OF AGRICULTURAL PROPERTY

(1) “Agricultural producer” means a person who owns or is
purchasing agricultural property for use in agriculture whose gross sales
in agriculture averaged $20,000 or more for the preceding three years.

(2) “Agricultural property” means real property that is principally
used for agriculture.

(3) “Agriculture” means the production of livestock, poultry, field
crops, fruit, dairy, fur-bearing animals, Christmas trees, vermiculture
products, food fish or other animal and vegetable matter.

(4) “Coordinator” means the Director of Agriculture or a designee
of the Director of Agriculture.

(5) “Creditor” means the holder of a mortgage or trust deed on
agricultural property, a vendor of a real estate contract for
agricultural property, a person with a perfected security interest in
agricultural property or a judgment creditor with a judgment against an
agricultural producer.

(6) “Financial analyst” means a person knowledgeable in agriculture
and financial matters that can provide financial analysis to aid the
agricultural producer in preparing the financial information required
under ORS 36.256. Financial analyst may include county extension agents
or other persons approved by the coordinator.

(7) “Mediation” means the process by which a mediator assists and
facilitates an agricultural producer and a creditor in a controversy
relating to the mortgage, trust deed, real estate contract, security
interest or judgment that the creditor has in the agricultural property
of the agricultural producer in reaching a mutually acceptable resolution
of the controversy and includes all contacts between the mediator and the
agricultural producer or the creditor, until such time as a resolution is
agreed to by the agricultural producer and the creditor or until the
agricultural producer or the creditor discharges the mediator.

(8) “Mediation service” means a person selected by the coordinator
to provide mediation under ORS 36.250 to 36.270.

(9) “Mediator” means an impartial third party who performs
mediations.

(10) “Person” means the state or a public or private corporation,
local government unit, public agency, individual, partnership,
association, firm, trust, estate or any other legal entity. [1989 c.967
§2; 2001 c.104 §9; 2005 c.657 §3]Note: 36.250 to 36.270 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 36 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.The Director of Agriculture or a
designee of the Director of Agriculture shall serve as the agricultural
mediation service coordinator. The coordinator shall establish rules
necessary to implement ORS 36.250 to 36.270. The rules shall include, but
need not be limited to:

(1) Reasonable mediator training guidelines for persons providing
mediation service under ORS 36.250 to 36.270.

(2) Fees to be charged for mediation services. The fee schedule
should be sufficient to cover the costs of providing the mediation
service but shall not exceed $30 per hour per participant.

(3) Methods for advertising the availability of mediation services.
[1989 c.967 §3]Note: See note under 36.250. The coordinator shall
contract with a person to provide agricultural producer-creditor
mediation services. The coordinator may contract with, or use the
services of, a private mediation organization, community-based program,
state agency or a combination of organizations and agencies. The contract
may be terminated by the coordinator upon 30 days’ written notice and for
good cause. The organization awarded the contract is designated as the
agricultural mediation service for the duration of the contract. The
agricultural mediation service shall be an independent contractor and
shall not be considered a state agency for any purpose. [1989 c.967 §4]Note: See note under 36.250.(1) An agricultural producer who is in danger of
foreclosure on agricultural property under ORS 86.010 to 86.990, 87.001
to 87.920 or 88.710 to 88.740 or a creditor, before or after beginning
foreclosure proceedings, may request mediation of the agricultural
producer’s indebtedness by filing a request with the mediation service on
a form provided by the service. However, an agricultural producer or
creditor may not request mediation under this section unless, at the time
the request is made, the agricultural producer owes more than $100,000 to
one or more creditors, and the debt is either:

(a) Secured by one or more mortgages or trust deeds on the
agricultural producer’s agricultural property;

(b) Evidenced by a real estate contract covering the agricultural
producer’s agricultural property; or

(c) The subject of one or more statutory liens that have attached
to the agricultural producer’s agricultural property.

(2) In filing a mediation request, the agricultural producer shall
provide:

(a) The name and address of each creditor;

(b) The amount claimed by each creditor;

(c) The amount of the periodic installment payments made to each
creditor;

(d) Any financial statements and projected cash flow statements,
including those related to any nonagricultural activities;

(e) The name of the person authorized to enter into a binding
mediation agreement; and

(f) Any additional information the mediation service may require.

(3) In filing a mediation request, a creditor shall provide:

(a) Statements regarding the status of the agricultural producer’s
loan performance;

(b) The name and title of the representative of the creditor
authorized to enter into a binding mediation agreement; and

(c) Any additional information the mediation service may require.

(4) Nothing in ORS 36.250 to 36.270 shall be construed to require
an agricultural producer or creditor to engage or continue in the
mediation of any dispute or controversy. Mediation under ORS 36.250 to
36.270 shall be entirely voluntary for all persons who are parties to the
dispute or controversy, and if such persons agree to engage in mediation,
any one of the persons may at any time withdraw from mediation.

(5) If an agricultural producer or a creditor files a mediation
request with the mediation service, the service shall within 10 days
after receipt of the request give written notice of the request to any
other person who is identified in the request for mediation as parties to
the dispute or controversy. The notice shall:

(a) Be accompanied by a copy of the request for mediation;

(b) Generally describe the mediation program created by ORS 36.250
to 36.270;

(c) Explain that participation in mediation is voluntary and that
the recipient of the notice is not required to engage in mediation or to
continue to mediate if mediation is initiated;

(d) Request that the recipient of the notice advise the mediation
service in writing and by certified mail within 10 days as to whether the
recipient wishes to engage in mediation; and

(e) Explain that if the written advice required under paragraph (d)
of this subsection is not received by the mediation service within the
10-day period, the mediation request will be considered denied.

(6) If the person who receives the notice of request for mediation
under subsection (5) of this section wishes to engage in mediation, the
person shall advise the mediation service in writing within the 10-day
period specified in subsection (5) of this section. The response shall
include the appropriate information that the responding person would have
been required to include in a request for mediation under subsection (2)
or (3) of this section.

(7) If the person who receives notice of request for mediation
under subsection (5) of this section does not wish to engage in
mediation, the person may but shall not be required to so advise the
mediation service.

(8) If the person who receives the notice of request for mediation
under subsection (5) of this section does not advise the mediation
service in writing within the 10-day period specified in the notice
described in subsection (5) of this section that the person desires to
mediate, the request for mediation shall be considered denied.

(9) The submission of a request for mediation by an agricultural
producer or a creditor shall not operate to stay, impede or delay in any
manner whatsoever the commencement, prosecution or defense of any action
or proceeding by any person.

(10) If requested by the agricultural producer, the coordinator
shall provide the services of a financial analyst to assist the
agricultural producer in preparation of financial data for the first
mediation session.

(11) ORS 36.250 to 36.270 are not applicable to obligations or
foreclosure proceedings with respect to which the creditor is a financial
institution, as defined in ORS 706.008. [1989 c.967 §5; 1995 c.277 §6;
1997 c.631 §566; 2005 c.22 §29]Note: See note under 36.250. (1) A
mediator must be an impartial person knowledgeable in agriculture and
financial matters.

(2) In carrying out mediation under ORS 36.250 to 36.270, a
mediator shall:

(a) Listen to the agricultural producer and any creditor desiring
to be heard.

(b) Attempt to facilitate a negotiated agreement that provides for
mutual satisfaction. Such an agreement may include mutually agreed upon
forbearance from litigation, rescheduled or renegotiated debt, voluntary
sale or other liquidation of agricultural property, authorization for the
agricultural producer to continue agriculture while providing reasonable
security to the creditor or any other mutually agreed upon outcome.

(c) Seek assistance from any public or private agency to effect the
goals of ORS 36.250 to 36.270.

(d) Permit any person who is a party to the mediation to be
represented in all mediation proceedings by any person selected by the
party.

(3) In carrying out a mediation under ORS 36.250 to 36.270, a
mediator may invite additional creditors of the agricultural producer to
participate in the mediation. A creditor may be invited to participate in
a mediation regardless of whether the agricultural producer is in arrears
with the creditor. [1989 c.967 §6; 2001 c.104 §10]Note: See note under 36.250. (1) If an
agreement is reached between the agricultural producer and a creditor,
the mediator shall draft a written mediation agreement to be signed by
the agricultural producer and the creditor.

(2) An agricultural producer and any creditor who are parties to a
mediation agreement:

(a) Are bound by the terms of the agreement;

(b) May enforce the mediation agreement as a legal contract; and

(c) May use the mediation agreement as a defense against an action
contrary to the mediation agreement.

(3) The mediator shall encourage the parties to have the agreement
reviewed by independent legal counsel before signing the agreement. [1989
c.967 §7]Note: See note under 36.250. (1) All memoranda,
work products and other materials contained in the case files of a
mediator or mediation service are confidential. Any communication made
in, or in connection with, the mediation which relates to the controversy
being mediated, whether made to the mediator or a party, or to any other
person if made at a mediation session, is confidential. However, a
mediated agreement shall not be confidential unless the parties otherwise
agree in writing.

(2) Confidential materials and communications are not subject to
disclosure in any judicial or administrative proceeding except:

(a) When all parties to the mediation agree, in writing, to waive
the confidentiality;

(b) In a subsequent action between the mediator and a party to the
mediation for damages arising out of the mediation; or

(c) Statements, memoranda, materials and other tangible evidence,
otherwise subject to discovery, that were not prepared specifically for
use in and actually used in the mediation.

(3) Notwithstanding subsection (2) of this section, a mediator may
not be compelled to testify in any proceeding, unless all parties to the
mediation and the mediator agree, in writing, to waive the
confidentiality. [1989 c.967 §8]Note: See note under 36.250.
Mediators and mediation services shall be immune from civil liability
for, or resulting from, any act or omission done or made while engaged in
efforts to assist or facilitate a mediation, unless the act or omission
was made or done in bad faith, with malicious intent or in a manner
exhibiting a willful, wanton disregard of the rights, safety or property
of another. [1989 c.967 §9]Note: See note under 36.250.(1) During the pendency of any action between a creditor and
an agricultural producer, the court may, upon stipulation by all parties
requesting mediation under ORS 36.256, 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
36.250 to 36.270, 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]Note: See note under 36.250. The
duty of the State Department of Agriculture and the Director of
Agriculture to provide mediation services under ORS 36.250 to 36.270 is
contingent upon the existence and the level of funding specifically made
available to carry out that duty. Should continuation of mediation
services be threatened for lack of funding, the department shall proceed
with all diligence to secure additional funds, including but not limited
to requesting an additional allocation of funds from the Emergency Board.
[1993 c.163 §2]Note: See note under 36.250. (1) In
addition to other mediation activities authorized by law, the Director of
Agriculture and the State Department of Agriculture may utilize the
mediation program to facilitate resolution of other disputes directly
related to department activities and agricultural issues under the
jurisdiction of the department.

(2) Participation in mediation referred to in subsection (1) of
this section by parties to a dispute is voluntary, and a party may
withdraw from the proceedings at any time.

(3) Notwithstanding the limitation on fees prescribed by ORS 36.252
(2), the director shall recover from the parties to a mediation referred
to in subsection (1) of this section the actual cost of the mediation
proceedings. [1995 c.277 §5]Note: See note under 36.250.COURT ARBITRATION PROGRAM (1) A mandatory arbitration
program is established in each circuit court.

(2) Rules consistent with ORS 36.400 to 36.425 to govern the
operation and procedure of an arbitration program established under this
section may be made in the same manner as other rules applicable to the
court and are subject to the approval of the Chief Justice of the Supreme
Court.

(3) Each circuit court shall require arbitration under ORS 36.400
to 36.425 in matters involving $50,000 or less.

(4) ORS 36.400 to 36.425 do not apply to appeals from a county,
justice or municipal court or actions in the small claims department of a
circuit court. Actions transferred from the small claims department of a
circuit court by reason of a request for a jury trial under ORS 46.455,
by reason of the filing of a counterclaim in excess of the jurisdiction
of the small claims department under ORS 46.461, or for any other reason,
shall be subject to ORS 36.400 to 36.425 to the same extent and subject
to the same conditions as a case initially filed in circuit court. The
arbitrator shall not allow any party to appear or participate in the
arbitration proceeding after the transfer unless the party pays the
arbitrator fee established by court rule or the party obtains a waiver or
deferral of the fee from the court and provides a copy of the waiver or
deferral to the arbitrator. The failure of a party to appear or
participate in the arbitration proceeding by reason of failing to pay the
arbitrator fee or obtain a waiver or deferral of the fee does not affect
the ability of the party to appeal the arbitrator’s decision and award in
the manner provided by ORS 36.425. [Formerly 33.350; 1993 c.482 §1; 1995
c.618 §10; 1995 c.658 §30a; 1997 c.46 §§3,4; 2005 c.274 §1]Note: Section 6, chapter 274, Oregon Laws 2005, provides:

Sec. 6. The amendments to ORS 35.346, 36.400, 36.405, 36.410 and
36.415 by sections 1 to 5 of this 2005 Act apply to actions initially
filed in a circuit court on or after the effective date of this 2005 Act
[January 1, 2006]. [2005 c.274 §6] (1) 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 to 36.425 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, 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 to 36.425 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 to 36.425, 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 to 36.425, a party who completes a mediation
program offered by a court shall not be required to participate in
arbitration under ORS 36.400 to 36.425. [Formerly 33.360; 1995 c.455 §2a;
1995 c.618 §11; 1995 c.658 §31a; 1995 c.781 §32; 2005 c.274 §2]Note: See note under 36.400. (1) In a
civil action in a circuit court where all parties have appeared and
agreed to arbitration by stipulation, the court shall refer the action to
arbitration under ORS 36.400 to 36.425 if:

(a) The relief claimed is more than or other than recovery of money
or damages.

(b) The only relief claimed is recovery of money or damages and a
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.

(2) If a civil action is referred to arbitration under this
section, the arbitrator may grant any relief that could have been granted
if the action were determined by a judge of the court. [Formerly 33.370;
1995 c.618 §12; 1995 c.658 §32; 2005 c.274 §3]Note: See note under 36.400.(1) In a civil action in a
circuit court where all parties have appeared, where the only relief
claimed is recovery of money or damages, where a 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, and where all parties asserting those claims waive the amounts
of those claims that exceed $50,000, the court shall refer the action to
arbitration under ORS 36.400 to 36.425. A waiver of an amount of a claim
under this section shall be for the purpose of arbitration under ORS
36.400 to 36.425 only and shall not restrict assertion of a larger claim
in a trial de novo under ORS 36.425.

(2) In a civil action in a circuit court where all parties have
appeared, where the only relief claimed is recovery of money or damages
and where a 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, any party against whom the
claim is made may file a motion with the court requesting that the matter
be referred to arbitration. After hearing upon the motion, the court
shall refer the matter to arbitration under ORS 36.400 to 36.425 if the
defendant establishes by affidavits and other documentation that no
objectively reasonable juror could return a verdict in favor of the
claimant in excess of $50,000, exclusive of attorney fees, costs and
disbursements and interest on judgment. [Formerly 33.380; 1995 c.618 §13;
1995 c.658 §33; 2005 c.274 §4]Note: See note under 36.400.(1) At least five days before the date set for an
arbitration hearing, the arbitrator shall notify the clerk of the court
of the time and place of the hearing. The clerk shall post a notice of
the time and place of the hearing in a conspicuous place for trial
notices at the principal location for the sitting of the court in the
county in which the action was commenced.

(2) The arbitration proceeding and the records thereof shall be
open to the public to the same extent as would a trial of the action in
the court and the records thereof.

(3) The compensation of the arbitrator and other expenses of the
arbitration proceeding shall be the obligation of the parties or any of
them as provided by rules made under ORS 36.400. However, if those rules
require the parties or any of them to pay any of those expenses in
advance, in the form of fees or otherwise, as a condition of arbitration,
the rules shall also provide for the waiver in whole or in part, deferral
in whole or in part, or both, of that payment by a party whom the court
finds is then unable to pay all or any part of those advance expenses.
Expenses so waived shall be paid by the state from funds available for
the purpose. Expenses so deferred shall be paid, if necessary, by the
state from funds available for the purpose, and the state shall be
reimbursed according to the terms of the deferral. [Formerly 33.390; 1993
c.482 §2](1) At the conclusion of arbitration under ORS 36.400 to 36.425 of a
civil action, the arbitrator shall file the decision and award with the
clerk of the court that referred the action to arbitration, together with
proof of service of a copy of the decision and award upon each party. If
the decision and award require the payment of money, including payment of
costs or attorney fees, the decision and award must be substantially in
the form prescribed by ORS 18.042.

(2)(a) Within 20 days after the filing of a decision and award with
the clerk of the court under subsection (1) of this section, a party
against whom relief is granted by the decision and award or a party whose
claim for relief was greater than the relief granted to the party by the
decision and award, but no other party, may file with the clerk a written
notice of appeal and request for a trial de novo of the action in the
court on all issues of law and fact. A copy of the notice of appeal and
request for a trial de novo must be served on all other parties to the
proceeding. After the filing of the written notice a trial de novo of the
action shall be held. If the action is triable by right to a jury and a
jury is demanded by a party having the right of trial by jury, the trial
de novo shall include a jury.

(b) If a party files a written notice under paragraph (a) of this
subsection, a trial fee or jury trial fee, as applicable, shall be
collected as provided in ORS 21.270.

(c) A party filing a written notice under paragraph (a) of this
subsection shall deposit with the clerk of the court the sum of $150. If
the position under the arbitration decision and award of the party filing
the written notice is not improved as a result of a judgment in the
action on the trial de novo, the clerk shall dispose of the sum deposited
in the same manner as a fee collected by the clerk. If the position of
the party is improved as a result of a judgment, the clerk shall return
the sum deposited to the party. If the court finds that the party filing
the written notice is then unable to pay all or any part of the sum to be
deposited, the court may waive in whole or in part, defer in whole or in
part, or both, the sum. If the sum or any part thereof is so deferred and
the position of the party is not improved as a result of a judgment, the
deferred amount shall be paid by the party according to the terms of the
deferral.

(3) If a written notice is not filed under subsection (2)(a) of
this section within the 20 days prescribed, the court shall cause to be
prepared and entered a judgment based on the arbitration decision and
award. A judgment entered under this subsection may not be appealed.

(4) Notwithstanding any other provision of law or the Oregon Rules
of Civil Procedure:

(a) If a party requests a trial de novo under the provisions of
this section, the action is subject to arbitration under the provisions
of ORS 36.405 (1)(a), the party is entitled to attorney fees by law or
contract, and the position of the party is not improved after judgment on
the trial de novo, the party shall not be entitled to an award of
attorney fees or costs and disbursements incurred by the party before the
filing of the decision and award of the arbitrator, and shall be taxed
the reasonable attorney fees and costs and disbursements incurred by the
other parties to the action on the trial de novo after the filing of the
decision and award of the arbitrator.

(b) If a party requests a trial de novo under the provisions of
this section, the action is subject to arbitration under ORS 36.405
(1)(a), the party is not entitled to attorney fees by law or contract,
and the position of the party is not improved after judgment on the trial
de novo, pursuant to subsection (5) of this section the party shall be
taxed the reasonable attorney fees and costs and disbursements of the
other parties to the action on the trial de novo incurred by the other
parties after the filing of the decision and award of the arbitrator.

(c) If a party requests a trial de novo under the provisions of
this section, the action is subject to arbitration under ORS 36.405
(1)(b), and the position of the party is not improved after judgment on
the trial de novo, the party shall not be entitled to an award of
attorney fees or costs and disbursements and shall be taxed the costs and
disbursements incurred by the other parties after the filing of the
decision and award of the arbitrator.

(5) If a party is entitled to an award of attorney fees under
subsection (4) of this section, but is also entitled to an award of
attorney fees under contract or another provision of law, the court shall
award reasonable attorney fees pursuant to the contract or other
provision of law. If a party is entitled to an award of attorney fees
solely by reason of subsection (4) of this section, the court shall award
reasonable attorney fees not to exceed the following amounts:

(a) Twenty percent of the judgment, if the defendant requests the
trial de novo but the position of the defendant is not improved after the
trial de novo; or

(b) Ten percent of the amount claimed in the complaint, if the
plaintiff requests the trial de novo but the position of the plaintiff is
not improved after the trial de novo.

(6) Within seven days after the filing of a decision and award
under subsection (1) of this section, a party may file with the court and
serve on the other parties to the arbitration written exceptions directed
solely to the award or denial of attorney fees or costs. Exceptions under
this subsection may be directed to the legal grounds for an award or
denial of attorney fees or costs, or to the amount of the award. Any
party opposing the exceptions must file a written response with the court
and serve a copy of the response on the party filing the exceptions.
Filing and service of the response must be made within seven days after
the service of the exceptions on the responding party. A judge of the
court shall decide the issue and enter a decision on the award of
attorney fees and costs. If the judge fails to enter a decision on the
award within 20 days after the filing of the exceptions, the award of
attorney fees and costs shall be considered affirmed. The filing of
exceptions under this subsection does not constitute an appeal under
subsection (2) of this section and does not affect the finality of the
award in any way other than as specifically provided in this subsection.

(7) For the purpose of determining whether the position of a party
has improved after a trial de novo under the provisions of this section,
the court shall not consider any money award or other relief granted on
claims asserted by amendments to the pleadings made after the filing of
the decision and award of the arbitrator. [Formerly 33.400; 1993 c.482
§3; 1995 c.455 §3; 1995 c.618 §14a; 1995 c.658 §34; 1997 c.756 §§1,2;
2003 c.576 §170]OREGON INTERNATIONAL COMMERCIAL ARBITRATION AND CONCILIATION ACT For the purposes of
ORS 36.450 to 36.558:

(1) “Arbitral award” means any decision of the arbitral tribunal on
the substance of the dispute submitted to it and includes any interim,
interlocutory or partial arbitral award.

(2) “Arbitral tribunal” means a sole arbitrator or a panel of
arbitrators.

(3) “Arbitration” means any arbitration whether or not administered
by a permanent arbitral institution.

(4) “Arbitration agreement” means an agreement by the parties to
submit to arbitration all or certain disputes which may arise between
them in respect to a defined legal relationship, whether contractual or
not. An arbitration agreement may be in the form of an arbitration clause
in a contract or in the form of a separate agreement.

(5) “Commercial” means matters arising from all relationships of a
commercial nature including, but not limited to, any of the following
transactions:

(a) A transaction for the supply or exchange of goods or services.

(b) A distribution agreement.

(c) A commercial representation or agency.

(d) An exploitation agreement or concession.

(e) A joint venture or other forms of industrial or business
cooperation.

(f) The carriage of goods or passengers by air, sea, rail or road.

(g) Construction.

(h) Insurance.

(i) Licensing.

(j) Factoring.

(k) Leasing.

(L) Consulting.

(m) Engineering.

(n) Financing.

(o) Banking.

(p) The transfer of data or technology.

(q) Intellectual or industrial property, including trademarks,
patents, copyrights and software programs.

(r) Professional services.

(6) “Conciliation” means any conciliation whether or not
administered by a permanent conciliation institution.

(7) “Chief Justice” means the Chief Justice of the Supreme Court of
Oregon or designee.

(8) “Circuit court” means the circuit court in the county in this
state selected as pursuant to ORS 36.464.

(9) “Court” means a body or an organ of the judicial system of a
state or country.

(10) “Party” means a party to an arbitration or conciliation
agreement.

(11) “Supreme Court” means the Supreme Court of Oregon. [1991 c.405
§4] (1) It is the policy of the Legislative Assembly to
encourage the use of arbitration and conciliation to resolve disputes
arising out of international relationships and to assure access to the
courts of this state for legal proceedings ancillary to or otherwise in
aid of such arbitration and conciliation and to encourage the
participation and use of Oregon facilities and resources to carry out the
purposes of ORS 36.450 to 36.558.

(2) Any person may enter into a written agreement to arbitrate or
conciliate any existing dispute or any dispute arising thereafter between
that person and another. If the dispute is within the scope of ORS 36.450
to 36.558, the agreement shall be enforced by the courts of this state in
accordance with ORS 36.450 to 36.558 without regard to the justiciable
character of the dispute. In addition, if the agreement is governed by
the law of this state, it shall be valid and enforceable in accordance
with ordinary principles of contract law. [1991 c.405 §2; 1993 c.18 §12]
(1) ORS 36.450 to 36.558 apply to international commercial arbitration
and conciliation, subject to any agreement in force between the United
States of America and any other country or countries.

(2) The provisions of ORS 36.450 to 36.558, except ORS 36.468,
36.470, 36.522 and 36.524, apply only if the place of arbitration or
conciliation is within the territory of the State of Oregon.

(3) An arbitration or conciliation agreement is international if
any of the following applies:

(a) The parties to an arbitration or conciliation agreement have,
at the time of the conclusion of that agreement, their places of business
in different countries.

(b) One of the following places is situated outside the country in
which the parties have their places of business:

(A) The place of arbitration or conciliation if determined in, or
pursuant to, the arbitration or conciliation agreement.

(B) Any place where a substantial part of the obligations of the
commercial relationship is to be performed.

(C) The place with which the subject matter of the dispute is most
closely connected.

(c) The parties have expressly agreed that the subject matter of
the arbitration or conciliation agreement relates to commercial interests
in more than one country.

(d) The subject matter of the arbitration or conciliation agreement
is otherwise related to commercial interests in more than one country.

(4) For the purposes of subsection (3) of this section:

(a) If a party has more than one place of business, the place of
business is that which has the closest relationship to the arbitration or
conciliation agreement; or

(b) If a party does not have a place of business, reference is to
be made to the habitual residence of the party.

(5) If a written agreement to submit an existing controversy to
arbitration or a provision in a written contract to submit to arbitration
a controversy thereafter arising between the parties qualifies for
arbitration pursuant to this section, that written agreement or provision
shall be valid, enforceable and irrevocable, save on such grounds as
exist at law or in equity for the revocation of any contract.

(6) Except as provided in this subsection, ORS 36.450 to 36.558
shall not affect any other law of the State of Oregon by virtue of which
certain disputes may not be submitted to arbitration or conciliation or
may be submitted to arbitration or conciliation only according to
provisions other than those of ORS 36.450 to 36.558. ORS 36.450 to 36.558
supersede ORS 36.100 to 36.425 with respect to international commercial
arbitration and conciliation. [1991 c.405 §3] (1) Except as
specified in ORS 36.508, where a provision of ORS 36.450 to 36.558 leaves
the parties free to determine a certain issue, such freedom includes the
right of the parties to authorize a third party, including an
institution, to make that determination.

(2) Where a provision of ORS 36.450 to 36.558 refers to the fact
that the parties have agreed or that they may agree or in any other way
refers to an agreement of the parties, such agreement includes any
arbitration or conciliation rules referred to in that agreement.

(3) Except as provided in ORS 36.502 (1) and 36.516 (2)(a), where a
provision of ORS 36.450 to 36.558 refers to a claim, it also applies to a
counterclaim, and where it refers to a defense, it also applies to a
defense of a counterclaim. [1991 c.405 §5]
(1) Unless otherwise agreed by the parties:

(a) Any written communication is considered to have been received
if it is delivered to the addressee personally or if it is delivered at
the place of business, habitual residence or mailing address of the
addressee. If none of these can be found after making a reasonable
inquiry, a written communication is considered to have been received if
it is sent to the addressee’s last-known place of business, habitual
residence or mailing address by registered letter or by any other means
which provides a record of the attempt to deliver it; and

(b) The communication is considered to have been received on the
day it is so delivered.

(2) The provisions of this section do not apply to communications
in court proceedings. [1991 c.405 §6] (1) A party who knows
that any provision of ORS 36.450 to 36.558 or of any requirement under
the arbitration agreement that has not been complied with and yet
proceeds with the arbitration without stating an objection to such
noncompliance without undue delay or, if a time limit is provided for
stating that objection, within that period of time, shall be deemed to
have waived the right to object.

(2) For purposes of subsection (1) of this section, “any provision
of ORS 36.450 to 36.558” means any provision of ORS 36.450 to 36.558 in
respect of which the parties may otherwise agree. [1991 c.405 §7] In matters governed by
ORS 36.450 to 36.558, no court shall intervene except where so provided
in ORS 36.450 to 36.558 or in applicable federal law. [1991 c.405 §8](1) The functions referred to in ORS 36.468 and
36.470 shall be performed by the circuit court in:

(a) The county where the arbitration agreement is to be performed
or was made.

(b) If the arbitration agreement does not specify a county where
the agreement is to be performed and the agreement was not made in any
county in the State of Oregon, the county where any party to the court
proceeding resides or has a place of business.

(c) In any case not covered by paragraph (a) or (b) of this
subsection, in any county in the State of Oregon.

(2) All other functions assigned by ORS 36.450 to 36.558 to the
circuit court shall be performed by the circuit court of the county in
which the place of arbitration is located. [1991 c.405 §9] The arbitration
agreement shall be in writing. An agreement is in writing if it is
contained in a document signed by the parties or in an exchange of
letters, telex, telegrams or other means of telecommunication which
provides a record of the agreement, or in an exchange of statements of
claim and defense in which the existence of an agreement is alleged by
one party and not denied by another. The reference in a contract to a
document containing an arbitration clause constitutes an arbitration
agreement provided that the contract is in writing and the reference is
such as to make that clause a part of the contract. [1991 c.405 §10](1) When a party to an international commercial arbitration
agreement commences judicial proceedings seeking relief with respect to a
matter covered by the agreement to arbitrate, the court shall, if a party
so requests not later than when submitting the party’s first statement on
the substance of the dispute, stay the proceedings and refer the parties
to arbitration unless it finds that the agreement is null and void,
inoperative or incapable of being performed.

(2) Arbitral proceedings may begin or continue, and an award may be
made, while a judicial proceeding described in subsection (1) of this
section is pending before the court.

(3) A court may not, without a request from a party made pursuant
to subsection (1) of this section, refer the parties to arbitration.
[1991 c.405 §11; 1993 c.244 §1](1) It is not
incompatible with an arbitration agreement for a party to request from a
court, before or during arbitral proceedings, an interim measure of
protection or for the court to grant such a measure.

(2) Any party to an arbitration governed by ORS 36.450 to 36.558
may request from the circuit court the enforcement of an order of an
arbitral tribunal granting an interim measure of protection pursuant to
ORS 36.486. Enforcement shall be granted pursuant to the law applicable
to the granting of the type of interim relief requested.

(3) Measures which the circuit court may grant in connection with a
pending arbitration include, but are not limited to:

(a) An order of attachment issued to assure that the award to which
the applicant may be entitled is not rendered ineffectual by the
dissipation of party assets.

(b) A preliminary injunction granted in order to protect trade
secrets or to conserve goods which are the subject matter of the arbitral
dispute.

(4) In considering a request for interim relief, the court, subject
to subsection (5) of this section, shall give preclusive effect to any
and all findings of fact of the arbitral tribunal, including the probable
validity of the claim which is the subject of the award for interim
relief that the arbitral tribunal has previously granted in the
proceeding in question, provided that such interim award is consistent
with public policy.

(5) Where the arbitral tribunal has not ruled on an objection to
its jurisdiction, the court shall not grant preclusive effect to the
tribunal’s findings until the court has made an independent finding as to
the jurisdiction of the arbitral tribunal. If the court rules that the
arbitral tribunal did not have jurisdiction, the application for interim
measures of relief shall be denied. Such a ruling by the court that the
arbitral tribunal lacks jurisdiction is not binding on the arbitral
tribunal or subsequent judicial proceedings. [1991 c.405 §12; 1993 c.244
§2] The parties may agree on the number
of arbitrators. If the parties do not agree, the number of arbitrators
shall be one. [1991 c.405 §13](1) No person shall be precluded by reason of nationality
from acting as an arbitrator unless otherwise agreed by the parties.

(2) The parties may agree on a procedure for appointing the
arbitrator or arbitrators, subject to the provisions of subsections (4),
(5) and (6) of this section.

(3) If the parties do not agree on a procedure for appointing the
arbitrator or arbitrators:

(a) In an arbitration with two parties and involving three or more
arbitrators, each party shall appoint one arbitrator and the appointed
arbitrators shall appoint the remaining arbitrators. If a party fails to
appoint an arbitrator within 30 days of receipt of a request to do so
from the other party or parties, or if the two appointed arbitrators fail
to agree on the remaining arbitrators within 30 days of their
appointment, then, upon the request of any party, the circuit court shall
make the appointment.

(b) In an arbitration with more than two parties or in an
arbitration with two parties involving fewer than three arbitrators,
then, upon the request of any party, the arbitrator or arbitrators shall
be appointed by the circuit court.

(4) Unless the parties’ agreement on the appointment procedure
provides other means for securing the appointment, any party may request
the circuit court to make the appointment if there is an appointment
procedure agreed upon by the parties and if:

(a) A party fails to act as required under such procedure;

(b) The parties, or the appointed arbitrators, are unable to reach
an agreement as expected of them under such procedure; or

(c) A third party, including an institution, fails to perform any
function entrusted to it under such procedure.

(5) A decision by the circuit court on a matter entrusted to it by
subsection (3) or (4) of this section shall be final and not subject to
appeal.

(6) The circuit court, in appointing an arbitrator, shall have due
regard to all of the following:

(a) Any qualifications required of the arbitrator by the agreement
of the parties;

(b) Other considerations as are likely to secure the appointment of
an independent and impartial arbitrator; and

(c) The advisability of appointing an arbitrator of a nationality
other than those of the parties. [1991 c.405 §14; 1993 c.244 §3](1) Except as otherwise provided in
ORS 36.450 to 36.558, all persons whose names have been submitted for
consideration for appointment or designation as arbitrators or
conciliators, or who have been appointed or designated as such, shall,
within 15 days, make a disclosure to the parties of any information which
might cause their impartiality to be questioned including, but not
limited to, any of the following instances:

(a) The person has a personal bias or prejudice concerning a party
or personal knowledge of the disputed evidentiary facts concerning the
proceeding.

(b) The person served as a lawyer in the matter in controversy, or
the person is or has been associated with another who has participated in
the matter during such association, or the person has been a material
witness concerning it.

(c) The person served as an arbitrator or conciliator in another
proceeding involving one or more of the parties to the proceeding.

(d) The person, individually or as a fiduciary, or the person’s
spouse or minor child, or anyone residing in the person’s household, has
a financial interest in the subject matter in controversy or in a party
to the proceeding, or any other interest that could be substantially
affected by the outcome of the proceeding.

(e) The person, the person’s spouse or minor child, anyone residing
in the person’s household, any individual within the third degree of
relationship to any of them, or the spouse of any of them, meets any of
the following conditions:

(A) The person is or has been a party to the proceeding, or an
officer, director or trustee of a party.

(B) The person is acting or has acted as a lawyer in the proceeding.

(C) The person is known to have an interest that could be
substantially affected by the outcome of the proceeding.

(D) The person is likely to be a material witness in the proceeding.

(f) The person has a close personal or professional relationship
with a person who meets any of the following conditions:

(A) The person is or has been a party to the proceeding, or an
officer, director or trustee of a party.

(B) The person is acting or has acted as a lawyer or representative
in the proceeding.

(C) The person is or expects to be nominated as an arbitrator or
conciliator in the proceedings.

(D) The person is known to have an interest that could be
substantially affected by the outcome of the proceeding.

(E) The person is likely to be a material witness in the proceeding.

(2) The obligation to disclose information set forth in subsection
(1) of this section is mandatory and cannot be waived by the parties with
respect to persons serving either as the sole arbitrator or sole
conciliator or as one of two arbitrators or conciliators or as the chief
or prevailing arbitrator or conciliator. The parties may otherwise agree
to waive such disclosure.

(3) From the time of appointment and throughout the arbitral
proceedings, an arbitrator shall, without delay, disclose to the parties
any circumstances referred to in subsection (1) of this section which
were not previously disclosed.

(4) Unless otherwise agreed by the parties or allowed by the rules
governing the arbitration, an arbitrator may be challenged only if
circumstances exist that give rise to justifiable doubts as to the
independence or impartiality of the arbitrator, or as to possession of
the qualifications upon which the parties have agreed.

(5) A party may challenge an arbitrator appointed by it, or in
whose appointment it has participated, only for reasons of which it
becomes aware after the appointment has been made. [1991 c.405 §15] (1) Subject to
subsection (4)(a) of this section, the parties may agree on a procedure
for challenging an arbitrator.

(2) Failing any agreement referred to in subsection (1) of this
section, a party which intends to challenge an arbitrator shall, within
15 days after becoming aware of the constitution of the arbitral tribunal
or after becoming aware of any circumstances referred to in ORS 36.476
(4) and (5), whichever shall be later, send a written statement of the
reasons for the challenge to the arbitral tribunal.

(3) Unless the arbitrator challenged under subsection (2) of this
section withdraws from office or the other party agrees to the challenge,
the arbitral tribunal shall decide the challenge.

(4)(a) If a challenge under any procedure agreed upon by the
parties or under the procedure under subsections (2) and (3) of this
section is not successful, the challenging party may request the circuit
court, within 30 days after having received notice of the decision
rejecting the challenge, to decide on the challenge.

(b) When the request is made, the circuit court may refuse to
decide on the challenge if it is satisfied that, under the procedure
agreed upon by the parties, the party making the request had an
opportunity to have the challenge decided upon by other than the arbitral
tribunal.

(c) Notwithstanding paragraph (b) of this subsection, whether the
challenge is under any procedure agreed upon by the parties or under the
procedure under subsections (2) and (3) of this section, if a challenge
is based upon the grounds set forth in ORS 36.476 (1), the circuit court
shall hear the challenge and, if it determines that the facts support a
finding that such ground or grounds fairly exist, then the challenge
shall be sustained.

(5) The decision of the circuit court under subsection (4) of this
section is final and not subject to appeal.

(6) While a request under subsection (4) of this section is
pending, the arbitral tribunal, including the challenged arbitrator, may
continue with the arbitral proceedings and make an arbitral award. [1991
c.405 §16; 1993 c.244 §4] (1) If an
arbitrator withdraws from the case or if the parties agree on termination
because the arbitrator becomes unable, de facto or de jure, to perform
the functions of the arbitrator or for other reasons fails to act without
undue delay, then the arbitrator’s mandate terminates.

(2) If a controversy remains concerning any of the grounds referred
to in subsection (1) of this section, a party may request the circuit
court to decide on the termination of the mandate.

(3) The decision of the circuit court under subsection (2) of this
section is not subject to appeal.

(4) If, under this section or ORS 36.478 (3), an arbitrator
withdraws from office or a party agrees to the termination of the mandate
of an arbitrator, this does not imply acceptance of the validity of any
ground referred to under this section or under ORS 36.476 (4) and (5).
[1991 c.405 §17] (1) In
addition to the circumstances referred to under ORS 36.478 and 36.480,
the mandate of an arbitrator terminates upon withdrawal from office for
any reason, or by or pursuant to the agreement of the parties.

(2) Where the mandate of an arbitrator terminates, a substitute
arbitrator shall be appointed according to the rules that were applicable
to the appointment of the arbitrator being replaced.

(3) Unless otherwise agreed by the parties:

(a) Where the number of arbitrators is less than three and an
arbitrator is replaced, any hearings previously held shall be repeated.

(b) Where the presiding arbitrator is replaced, any hearings
previously held shall be repeated.

(c) Where the number of arbitrators is three or more and an
arbitrator other than the presiding arbitrator is replaced, any hearings
previously held may be repeated at the discretion of the arbitral
tribunal.

(4) Unless otherwise agreed by the parties, an order or ruling of
the arbitral tribunal made prior to the replacement of an arbitrator
under this section is not invalid because there has been a change in the
composition of the tribunal. [1991 c.405 §18](1) The arbitral
tribunal may rule on its own jurisdiction, including any objections with
respect to the existence or validity of the arbitration agreement and,
for that purpose, an arbitration clause which forms part of a contract
shall be treated as an agreement independent of the other terms of the
contract. A decision by the arbitral tribunal that the contract is null
and void shall not entail ipso jure the invalidity of the arbitration
clause.

(2) A plea that the arbitral tribunal does not have jurisdiction
shall be raised no later than the submission of the statement of defense.
However, a party is not precluded from raising such a plea by the fact
that the party has appointed, or participated in the appointment of, an
arbitrator. A plea that the arbitral tribunal is exceeding the scope of
its authority shall be raised as soon as the matter alleged to be beyond
the scope of its authority is raised during the arbitral proceedings. In
either case, the arbitral tribunal may admit a later plea if it considers
the delay justified.

(3) The arbitral tribunal may rule on a plea referred to in
subsection (2) of this section either as a preliminary question or in an
award on the merits. If the arbitral tribunal rules as a preliminary
question that it has jurisdiction, any party shall request the circuit
court, within 30 days after having received notice of that ruling, to
decide the matter or shall be deemed to have waived objection to such
finding.

(4) The decision of the circuit court under subsection (3) of this
section is not subject to appeal.

(5) While a request under subsection (3) of this section is
pending, the arbitral tribunal may continue with the arbitral proceedings
and make an arbitral award. [1991 c.405 §19; 1993 c.244 §5]Unless otherwise agreed by the parties, at the request of a
party, the arbitral tribunal may order any party to take such interim
measure of protection as the arbitral tribunal may consider necessary in
respect to the subject matter of the dispute. The arbitral tribunal may
require any party to provide appropriate security in connection with such
measure. [1991 c.405 §20] The parties shall be treated with
equality and each party shall be given a full opportunity to present the
case of the party. [1991 c.405 §21](1) Subject to the provisions of ORS 36.450 to
36.558, the parties are free to agree on the procedure to be followed by
the arbitral tribunal in conducting the proceedings.

(2) If the parties fail to agree, subject to the provisions of ORS
36.450 to 36.558, the arbitral tribunal may conduct the arbitration in
such a manner as it considers appropriate.

(3) The power of the arbitral tribunal under subsection (2) of this
section includes the power to determine the admissibility, relevance,
materiality and weight of any evidence. [1991 c.405 §22] (1) The parties are free to agree on
the place of arbitration. If the parties do not agree, the place of
arbitration shall be determined by the arbitral tribunal or, if any
members of the arbitral tribunal are not yet appointed and are to be
appointed by the circuit court as pursuant to ORS 36.474 (4), by the
Chief Justice, taking into account the circumstances of the case,
including the convenience of the parties.

(2) Notwithstanding the provisions of subsection (1) of this
section, unless otherwise agreed by the parties, the arbitral tribunal
may meet at any place it considers appropriate for consultation among its
members, for hearing witnesses, experts or the parties, or for the
inspection of documents, goods or other property. [1991 c.405 §23] Unless otherwise
agreed by the parties, the arbitral proceedings in respect to a
particular dispute commence on the date which a request for referral of
that dispute to arbitration is received by the respondent. [1991 c.405
§24] (1) The parties are free to
agree on the language or languages to be used in the arbitral
proceedings. If the parties do not agree, the arbitral tribunal shall
determine the language or languages to be used in the proceedings. Unless
otherwise specified therein, this agreement or determination shall apply
to any written statement by a party, any hearing and any award, decision
or other communication by the arbitral tribunal.

(2) The arbitral tribunal may order that any documentary evidence
shall be accompanied by a translation into the language or languages
agreed upon by the parties or determined by the arbitral tribunal. [1991
c.405 §25](1) Within the period of time agreed upon by the parties
or determined by the arbitral tribunal, the claimant shall state the
facts supporting the claim of the claimant, the points at issue, and the
relief or remedy sought, and the respondent shall state the defense of
the respondent in respect of these particulars, unless the parties have
otherwise agreed as to the required elements of those statements.

(2) The parties may submit with their statements all documents they
consider to be relevant or may add a reference to the documents or other
evidence they will submit.

(3) Unless otherwise agreed by the parties, either party may amend
or supplement the claim or defense of the party during the course of the
arbitral proceedings, unless the arbitral tribunal considers it
inappropriate to allow the amendment or supplement having regard to the
delay in making it. [1991 c.405 §26] (1) Unless otherwise agreed
by the parties, the arbitral tribunal shall decide whether to hold oral
hearings for the presentation of evidence or for oral argument or whether
the proceedings shall be conducted on the basis of documents and other
materials.

(2) Unless the parties have agreed that no oral hearings shall be
held, the arbitral tribunal shall hold oral hearings at an appropriate
stage of the proceedings, if so requested by a party.

(3) The parties shall be given sufficient advance notice of any
hearing and of any meeting of the arbitral tribunal for the purpose of
the inspection of documents, goods or other property.

(4) All statements, documents or other information supplied to, or
applications made to, the arbitral tribunal by one party shall be
communicated to the other party. Any expert report or evidentiary
document on which the arbitral tribunal may rely in making its decision
shall be communicated to the parties.

(5) Unless otherwise agreed by the parties, all oral hearings and
meetings in arbitral proceedings shall be held in camera. [1991 c.405
§27; 1993 c.244 §6](1) Unless otherwise agreed by the parties, where, without
showing sufficient cause, the claimant fails to communicate the statement
of claim of the claimant in accordance with ORS 36.498 (1) and (2), the
arbitral tribunal shall terminate the proceedings.

(2) Unless otherwise agreed by the parties, where, without showing
sufficient cause, the respondent fails to communicate the statement of
defense of the respondent in accordance with ORS 36.498 (1) and (2), the
arbitral tribunal shall continue the proceedings without treating that
failure in itself as an admission of the claimant’s allegations.

(3) Unless otherwise agreed by the parties, where, without showing
sufficient cause, a party fails to appear at an oral hearing or to
produce documentary evidence, the arbitral tribunal may continue with the
proceedings and make the arbitral award on the evidence before it. [1991
c.405 §28] (1) Unless otherwise agreed by the
parties, the arbitral tribunal may appoint one or more experts to report
to it on specific issues to be determined by the arbitral tribunal and
require a party to give the expert any relevant information or to
produce, or to provide access to, any relevant documents, goods or other
property for the expert’s inspection.

(2) Unless otherwise agreed by the parties, if a party so requests
or if the arbitral tribunal considers it necessary, the expert shall,
after delivery of the expert’s written or oral report, participate in an
oral hearing where the parties have the opportunity to question the
expert and to present expert witnesses on the points at issue. [1991
c.405 §29; 1993 c.244 §7](1) The arbitral
tribunal, or a party with the approval of the arbitral tribunal, may
request from the circuit court assistance in taking evidence and the
court may execute the request within its competence and according to its
rules on taking evidence. In addition, a subpoena may be issued as
provided in ORCP 55, in which case the witness compensation provisions of
ORS chapter 44 shall apply.

(2) When the parties to two or more arbitration agreements have
agreed in their respective arbitration agreements or otherwise, the
circuit court may, on application by one party with the consent of all
other parties to those arbitration agreements, do one or more of the
following:

(a) Order the arbitration proceedings arising out of those
arbitration agreements to be consolidated on terms the court considers
just and necessary.

(b) Where all the parties cannot agree on an arbitral tribunal for
the consolidated arbitration, appoint an arbitral tribunal in accordance
with ORS 36.474 (6).

(c) Where the parties cannot agree on any other matter necessary to
conduct the consolidated arbitration, make any other order it considers
necessary.

(d) Order the arbitration proceedings arising out of those
arbitration agreements to be held at the same time or one immediately
after another.

(e) Order any of the arbitration proceedings arising out of those
arbitration agreements to be stayed until the determination of any other
of them.

(3) Nothing in this section shall be construed to prevent the
parties to two or more arbitrations from agreeing to consolidate those
arbitrations and taking any steps that are necessary to effect that
consolidation. [1991 c.405 §30; 1993 c.244 §8] (1) The arbitral tribunal shall decide the
dispute in accordance with the rules of law designated by the parties as
applicable to the substance of the dispute.

(2) Any designation by the parties of the law or legal system of a
given country or political subdivision thereof shall be construed, unless
otherwise expressed, as directly referring to the substantive law of that
state and not to its conflict of laws rules.

(3) Failing any designation of the law under subsection (1) of this
section by the parties, the arbitral tribunal shall apply the rules of
law it considers to be appropriate given all the circumstances
surrounding the dispute.

(4) The arbitral tribunal shall decide ex aequo et bono or as
amiable compositeur if the parties have expressly authorized it to do so.

(5) In all cases, the arbitral tribunal shall decide in accordance
with the terms of the contract and shall take into account the usages of
the trade applicable to the transaction. [1991 c.405 §31] Unless otherwise agreed by
the parties, any decision of the arbitral tribunal in arbitral
proceedings with more than one arbitrator shall be made by a majority of
all its members. However, the parties or all members of the arbitral
tribunal may authorize a presiding arbitrator to decide questions of
procedure. [1991 c.405 §32; 1993 c.244 §9] (1) It is not incompatible with an arbitration
agreement for an arbitral tribunal to encourage settlement of the dispute
and, with the agreement of the parties, the arbitral tribunal may use
mediation, conciliation or other procedures at any time during the
arbitral proceedings to encourage settlement. If agreed by the parties,
the members of the arbitral tribunal are not disqualified from resuming
their roles as arbitrators by reason of the mediation, conciliation or
other procedure.

(2) If, during the arbitral proceedings, the parties settle the
dispute, the arbitral tribunal shall terminate the proceedings and, if
requested by the parties and not objected to by the arbitral tribunal,
record the settlement in the form of an arbitral award on agreed terms.

(3) An arbitral award on agreed terms shall be made in accordance
with ORS 36.514 and shall state that it is an arbitral award.

(4) An arbitral award on agreed terms has the same status and
effect as any other arbitral award on the substance of the dispute. [1991
c.405 §33; 1993 c.244 §10](1) The arbitral award shall be made in writing and shall be
signed by the arbitrator or arbitrators. In arbitral proceedings with
more than one arbitrator, the signatures of the majority of all the
members of the arbitral tribunal shall suffice so long as the reason for
any omitted signature is stated.

(2) The arbitral award shall state the reasons upon which it is
based, unless the parties have agreed that no reasons are to be given or
the award is an arbitral award on agreed terms under ORS 36.512.

(3) The arbitral award shall state its date and the place of
arbitration as determined in accordance with ORS 36.492 (1) and the award
shall be considered to have been made at that place.

(4) After the arbitral award is made, a copy signed by the
arbitrators in accordance with subsection (1) of this section shall be
delivered to each party.

(5) The arbitral tribunal may, at any time during the arbitral
proceedings, make an interim arbitral award on any matter with respect to
which it may make a final arbitral award. The interim award may be
enforced in the same manner as a final arbitral award.

(6) Unless otherwise agreed by the parties, the arbitral tribunal
may award interest.

(7)(a) Unless otherwise agreed by the parties, the costs of an
arbitration shall be at the discretion of the arbitral tribunal.

(b) In making an order for costs, the arbitral tribunal may include
as costs any of the following:

(A) The fees and expenses of the arbitrators and expert witnesses.

(B) Legal fees and expenses.

(C) Any administration fees of the institution supervising the
arbitration, if any.

(D) Any other expenses incurred in connection with the arbitral
proceedings.

(c) In making an order for costs, the arbitral tribunal may specify
any of the following:

(A) The party entitled to costs.

(B) The party who shall pay the costs.

(C) The amount of costs or the method of determining that amount.

(D) The manner in which the costs shall be paid. [1991 c.405 §34] (1) The arbitral
proceedings are terminated by the final arbitral award or by an order of
the arbitral tribunal in accordance with subsection (2) of this section.
The award shall be final upon the expiration of the applicable periods in
ORS 36.518.

(2) The arbitral tribunal shall issue an order for the termination
of the arbitral proceedings when:

(a) The claimant withdraws the claim, unless the respondent objects
thereto and the arbitral tribunal recognizes a legitimate interest on the
part of the respondent in obtaining a final settlement of the dispute;

(b) The parties agree on the termination of the proceedings; or

(c) The arbitral tribunal finds that the continuation of the
proceedings has for any other reason become unnecessary or impossible.

(3) Subject to ORS 36.518 and 36.520 (4), the mandate of the
arbitral tribunal terminates with the termination of the arbitral
proceeding. [1991 c.405 §35; 1993 c.244 §11](1) Within 30 days of receipt of the arbitral award,
unless another period of time has been agreed upon by the parties:

(a) A party, with notice to the other party, may request the
arbitral tribunal to correct in the award any errors in computation,
clerical or typographical errors, or errors of similar nature; and

(b) A party may, if agreed by the parties, request the arbitral
tribunal to give an interpretation of a specific point or part of the
arbitral award.

(2) If the arbitral tribunal considers any request made under
subsection (1) of this section to be justified, it shall make the
correction or give the interpretation within 30 days of the receipt of
the request. The interpretation shall form part of the arbitral award.

(3) The arbitral tribunal may correct any error of the type
referred to in subsection (1)(a) of this section on its own initiative
within 30 days of the date of the award.

(4) Unless otherwise agreed by the parties, a party, with notice to
the other party, may request, within 30 days of receipt of the award, the
arbitral tribunal to make an additional award as to claims presented in
the arbitral proceedings but omitted from the award. If the arbitral
tribunal considers the request to be justified, it shall make the
additional award within 60 days.

(5) If necessary, the arbitral tribunal may extend the period of
time within which it shall make a correction, interpretation or an
additional award under subsection (1) or (4) of this section.

(6) The provisions of ORS 36.514 shall apply to a correction or
interpretation of the award or to an additional award. [1991 c.405 §36;
1993 c.244 §12](1) Recourse to a court against an arbitral award may only be
by an application for setting aside in accordance with subsections (2)
and (3) of this section.

(2) An arbitral award may be set aside by the circuit court only if:

(a) The party making application furnishes proof that:

(A) A party to the arbitration agreement referred to in ORS 36.466
was under some incapacity or that the agreement is not valid under the
law to which the parties have subjected it or, failing any indication
thereon, under the laws of the State of Oregon or the United States;

(B) The party making the application was not given proper notice of
the appointment of an arbitrator or of the arbitral proceedings or was
otherwise unable to present the party’s case;

(C) The award deals with a dispute not contemplated by or not
falling within the terms of the submission to arbitration or contains
decisions on matters beyond the scope of the submission to arbitration,
provided that, if the decisions on matters not submitted to arbitration
can be separated from those not so submitted, only that part of the award
which contains decisions on matters not submitted to arbitration may be
set aside; or

(D) The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the parties, unless
such agreement was in conflict with a provision of ORS 36.450 to 36.558
from which the parties cannot derogate, or, failing such agreement, was
not in accordance with ORS 36.450 to 36.558; or

(b) The circuit court finds that:

(A) The subject matter of the dispute is not capable of settlement
by arbitration under the laws of the State of Oregon or of the United
States; or

(B) The award is in conflict with the public policy of the State of
Oregon or of the United States.

(3) An application for setting aside may not be made after three
months have elapsed from the date on which the party making that
application had received the award or, if a request had been made under
ORS 36.518, from the date on which that request had been disposed of by
the arbitral tribunal.

(4) The circuit court, when asked to set aside an arbitral award,
may, where appropriate and so requested by a party, suspend the setting
aside proceedings for a period of time determined by it in order to give
the arbitral tribunal an opportunity to resume the arbitral proceedings
or to take such other action as in the arbitral tribunal’s opinion will
eliminate the grounds for setting aside.

(5) The clerk of the circuit court shall collect from the party
making application for setting aside under subsection (1) of this section
a filing fee of $35 and from a party filing an appearance in opposition
to the application a filing fee of $21. However, if the application
relates to an arbitral award made following an application or request to
a circuit court under any section of ORS 36.450 to 36.558 in respect to
which the parties have paid filing fees under ORS 21.110, filing fees
shall not be collected under this subsection. An application for setting
aside or an appearance in opposition thereto shall not be deemed filed
unless the fee required by this subsection is paid by the filing party.

(6) In addition to the fees provided for in subsection (5) of this
section, for the period commencing September 1, 2003, and ending December
31, 2006, the clerk of the circuit court shall collect from the party
making application for setting aside under subsection (1) of this section
a surcharge of $11 and from a party filing an appearance in opposition to
the application a surcharge of $6. [1991 c.405 §37; 1993 c.244 §13; 1997
c.801 §55; 2003 c.737 §§41,42; 2005 c.702 §§41,42]Note: The amendments to 36.520 by section 43, chapter 702, Oregon
Laws 2005, become operative January 1, 2007. See section 44, chapter 702,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user’s convenience.

36.520. (1) Recourse to a court against an arbitral award may only
be by an application for setting aside in accordance with subsections (2)
and (3) of this section.

(2) An arbitral award may be set aside by the circuit court only if:

(a) The party making application furnishes proof that:

(A) A party to the arbitration agreement referred to in ORS 36.466
was under some incapacity or that the agreement is not valid under the
law to which the parties have subjected it or, failing any indication
thereon, under the laws of the State of Oregon or the United States;

(B) The party making the application was not given proper notice of
the appointment of an arbitrator or of the arbitral proceedings or was
otherwise unable to present the party’s case;

(C) The award deals with a dispute not contemplated by or not
falling within the terms of the submission to arbitration or contains
decisions on matters beyond the scope of the submission to arbitration,
provided that, if the decisions on matters not submitted to arbitration
can be separated from those not so submitted, only that part of the award
which contains decisions on matters not submitted to arbitration may be
set aside; or

(D) The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the parties, unless
such agreement was in conflict with a provision of ORS 36.450 to 36.558
from which the parties cannot derogate, or, failing such agreement, was
not in accordance with ORS 36.450 to 36.558; or

(b) The circuit court finds that:

(A) The subject matter of the dispute is not capable of settlement
by arbitration under the laws of the State of Oregon or of the United
States; or

(B) The award is in conflict with the public policy of the State of
Oregon or of the United States.

(3) An application for setting aside may not be made after three
months have elapsed from the date on which the party making that
application had received the award or, if a request had been made under
ORS 36.518, from the date on which that request had been disposed of by
the arbitral tribunal.

(4) The circuit court, when asked to set aside an arbitral award,
may, where appropriate and so requested by a party, suspend the setting
aside proceedings for a period of time determined by it in order to give
the arbitral tribunal an opportunity to resume the arbitral proceedings
or to take such other action as in the arbitral tribunal’s opinion will
eliminate the grounds for setting aside.

(5) The clerk of the circuit court shall collect from the party
making application for setting aside under subsection (1) of this section
a filing fee of $39 and from a party filing an appearance in opposition
to the application a filing fee of $23. However, if the application
relates to an arbitral award made following an application or request to
a circuit court under any section of ORS 36.450 to 36.558 in respect to
which the parties have paid filing fees under ORS 21.110, filing fees
shall not be collected under this subsection. An application for setting
aside or an appearance in opposition thereto shall not be deemed filed
unless the fee required by this subsection is paid by the filing party. (1)
An arbitral award, irrespective of the country in which it was made,
shall be recognized as binding and, upon application in writing to the
circuit court, shall be enforced subject to the provisions of this
section and ORS 36.524.

(2) The party relying on an award or applying for its enforcement
shall supply the authenticated original or a certified copy of the award
and the original or certified copy of the arbitration agreement referred
to in ORS 36.466. If the award or agreement is not made in the English
language, then the party relying on the award or applying for its
enforcement shall supply a duly certified translation thereof into the
English language.

(3) The party relying on an arbitral award or applying for its
enforcement shall deliver to the clerk of the circuit court the documents
specified in subsection (2) of this section along with proof of the
delivery of a copy of the arbitral award as required by ORS 36.514 (4).
The relying party shall pay to the clerk a filing fee of $25, after which
the clerk shall enter the arbitral award of record in the office of the
clerk. If no application to set aside is filed against the arbitral award
as provided in ORS 36.520 within the time specified in ORS 36.520 (3) or,
if such an application is filed, the relying party after the disposition
of the application indicates the intention to still rely on the award or
to apply for its enforcement, judgment shall be entered as upon the
verdict of a jury, and execution may issue thereon, and the same
proceedings may be had upon the award with like effect as upon a verdict
in a civil action. [1991 c.405 §38] (1) Recognition
or enforcement of an arbitral award, irrespective of the country in which
it was made, may be refused only:

(a) At the request of the party against whom it is invoked, if that
party pays the clerk of the circuit court a filing fee of $25 and
furnishes to the court where recognition or enforcement is sought proof
that:

(A) A party to the arbitration agreement referred to in ORS 36.466
was under some incapacity or that the agreement is not valid under the
law to which the parties have subjected it or under the law of the
country where the award was made;

(B) The party against whom the award is invoked was not given
proper notice of the appointment of an arbitrator or of the arbitral
proceedings or was otherwise unable to present the party’s case;

(C) The arbitral award deals with a dispute not contemplated by or
not falling within the terms of the submission to arbitration or the
award contains decisions on matters beyond the scope of the submission to
arbitration, provided that, if the decisions on matters submitted to
arbitration can be separated from those not so submitted, that part of
the award which contains decisions on matters submitted to arbitration
may be recognized and enforced;

(D) The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the parties or,
failing such agreement, was not in accordance with the law of the country
where the arbitration took place; or

(E) The award has not yet become binding on the parties or has been
set aside or suspended by a court of the country in which, or under the
law of which, that award was made; or

(b) If the court finds that:

(A) The subject matter of the dispute is not capable of settlement
by arbitration under the laws of the State of Oregon or of the United
States; or

(B) The recognition or enforcement of the arbitral award would be
contrary to the public policy of the State of Oregon or of the United
States.

(2) If an application for setting aside or suspension of an award
has been made to the court referred to in subsection (1)(a)(E) of this
section, and if it considers it proper, the court where recognition or
enforcement is sought may adjourn its decision on application of the
party claiming recognition or enforcement of the award. The court may
also order the other party to provide appropriate security. [1991 c.405
§39] In construing
ORS 36.454 to 36.524, a court or arbitral tribunal shall interpret those
sections in good faith, in accordance with the ordinary meaning to be
given to their terms in their context, and in light of their objects and
purposes. Recourse may be had for these purposes, in addition to aids in
interpretation ordinarily available under the laws of this state, to the
documents of the United Nations Commission on International Trade Law and
its working group respecting the preparation of the UNCITRAL Model Law on
International Commercial Arbitration and shall give those documents the
weight that is appropriate in the circumstances. [1991 c.405 §40] It is the policy of the
State of Oregon to encourage parties to an international commercial
agreement or transaction which qualifies for arbitration or conciliation
pursuant to ORS 36.454 (3) to resolve disputes arising from such
agreements or transactions through conciliation. The parties may select
or permit an arbitral tribunal or other third party to select one or more
persons to service as the conciliator or conciliators who shall assist
the parties in an independent and impartial manner in their attempt to
reach an amicable settlement of their dispute. [1991 c.405 §41] The conciliator or
conciliators shall be guided by principles of objectivity, fairness and
justice, giving consideration to, among other things, the rights and
obligations of the parties, the usages of the trade concerned and the
circumstances surrounding the dispute, including any previous practices
between the parties. [1991 c.405 §42] The
conciliator or conciliators may conduct the conciliation proceedings in
such a manner as they consider appropriate, taking into account the
circumstances of the case, the wishes of the parties and the desirability
of a speedy settlement of the dispute. Except as otherwise provided in
ORS 36.450 to 36.558, no provision of the Oregon Rules of Civil Procedure
nor any other provision of the Oregon Revised Statutes governing
procedural matters shall apply to any conciliation proceeding brought
under ORS 36.450 to 36.558. [1991 c.405 §43] (1) At any time during the
proceedings, the conciliator or conciliators may prepare a draft
conciliation settlement which may include the assessment and
apportionment of costs between the parties and send copies to the
parties, specifying the time within which the parties must signify their
approval.

(2) No party may be required to accept any settlement proposed by
the conciliator or conciliators. [1991 c.405 §44]When the parties agree to
participate in conciliation under ORS 36.450 to 36.558:

(1) Evidence of anything said or of any admission made in the
course of the conciliation is not admissible in evidence and disclosure
of any such evidence shall not be compelled in any civil action in which,
pursuant to law, testimony may be compelled to be given. However, this
subsection does not limit the admissibility of evidence if all parties
participating in conciliation consent, in writing, to its disclosure,
provided that such consent is given after the statement or admission to
be disclosed is made in the conciliation proceeding.

(2) In the event that any such evidence is offered in contravention
of this section, the arbitration tribunal or the court shall make any
order which it considers to be appropriate to deal with the matter,
including, without limitation, orders restricting the introduction of
evidence, or dismissing the case without prejudice.

(3) Unless the document otherwise provides, no document prepared
for the purpose of, or in the course of, or pursuant to, the
conciliation, or any copy thereof, is admissible in evidence and
disclosure of any such document shall not be compelled in any arbitration
or civil action in which, pursuant to law, testimony may be compelled to
be given. [1991 c.405 §45; 1993 c.244 §14](1) The agreement of the parties
to submit a dispute to conciliation shall be deemed an agreement between
or among those parties to stay all judicial or arbitral proceedings from
the commencement of conciliation until the termination of conciliation
proceedings.

(2) All applicable limitation periods, including periods of
prescription, shall be tolled or extended upon the commencement of
conciliation proceedings to conciliate a dispute under ORS 36.450 to
36.558 and all limitation periods shall remain tolled and periods of
prescription extended as to all parties to the conciliation proceedings
until the 10th day following the termination of conciliation proceedings.

(3) For purposes of this section, conciliation proceedings are
deemed to have commenced as soon as:

(a) A party has requested conciliation of a particular dispute or
disputes; and

(b) The other party or parties agree to participate in the
conciliation proceeding. [1991 c.405 §46] (1) The
conciliation proceedings may be terminated as to all parties by any of
the following:

(a) A written declaration of the conciliator or conciliators, after
consultation with the parties, to the effect that further efforts at
conciliation are no longer justified, on the date of the declaration.

(b) A written declaration of the parties addressed to the
conciliator or conciliators to the effect that the conciliation
proceedings are terminated, on the date of the declaration.

(c) The signing of a settlement agreement by all of the parties, on
the date of the agreement.

(2) The conciliation proceedings may be terminated as to particular
parties by either of the following:

(a) A written declaration of a party to the other party or parties
and the conciliator or conciliators, if appointed, to the effect that the
conciliation proceedings shall be terminated as to that particular party,
on the date of the declaration.

(b) The signing of a settlement agreement by some of the parties,
on the date of the agreement. [1991 c.405 §47; 1993 c.244 §15]No person who has served as conciliator may be
appointed as an arbitrator for, or take part in, any arbitral or judicial
proceedings in the same dispute unless all parties manifest their consent
to such participation or the rules adopted for conciliation or
arbitration otherwise provide. [1991 c.405 §48] By submitting to
conciliation, no party shall be deemed to have waived any rights or
remedies which that party would have had if conciliation had not been
initiated, other than those set forth in any settlement agreement which
results from the conciliation. [1991 c.405 §49] If
the conciliation succeeds in settling the dispute and the result of the
conciliation is reduced to writing and signed by the conciliator or
conciliators and the parties or their representatives, the written
agreement shall be treated as an arbitral award rendered by an arbitral
tribunal duly constituted in and pursuant to the laws of this state and
shall have the same force and effect as a final award in arbitration.
[1991 c.405 §50] Upon termination of the
conciliation proceedings, the conciliator or conciliators shall fix the
costs of the conciliation and give written notice thereof to the parties.
As used in this section and in ORS 36.550, “costs” includes only the
following:

(1) A reasonable fee to be paid to the conciliator or conciliators.

(2) The travel and other reasonable expenses of the conciliator or
conciliators.

(3) The travel and other reasonable expenses of witnesses requested
by the conciliator or conciliators with the consent of the parties.

(4) The cost of any expert advice requested by the conciliator or
conciliators with the consent of the parties.

(5) The cost of any court. [1991 c.405 §51] The costs fixed by the conciliator or
conciliators as pursuant to ORS 36.548 shall be borne equally by the
parties unless the settlement agreement provides for a different
apportionment. All other expenses incurred by a party shall be borne by
that party. [1991 c.405 §52] Neither
the request for conciliation, the consent to participate in the
conciliation proceeding, the participation in such proceedings, nor the
entering into a conciliation agreement or settlement, shall be deemed as
consent to the jurisdiction of any court in this state in the event
conciliation fails. [1991 c.405 §53] (1) Neither the arbitrator or arbitrators, the
conciliator or conciliators, the parties, nor their representatives,
shall be subject to service of process on any civil matter while they are
present in this state for the purpose of arranging for or participating
in any arbitration or conciliation proceedings subject to ORS 36.450 to
36.558.

(2) No person who serves as an arbitrator or as a conciliator shall
be held liable in an action for damages resulting from any act or
omission in the performance of their role as an arbitrator or as a
conciliator in any proceeding subject to ORS 36.450 to 36.558. [1991
c.405 §54; 1993 c.244 §16]If any provision of ORS 36.450 to 36.558 or
its application to any person or circumstance is held to be invalid, the
invalidity does not affect the other provisions or applications of ORS
36.450 to 36.558 which can be given effect without the invalid provision
or application and to this end the provisions of ORS 36.450 to 36.558 are
severable. [1991 c.405 §55]ORS 36.450 to 36.558 shall be known and may be
cited as the “Oregon International Commercial Arbitration and
Conciliation Act.” [1991 c.405 §1]UNIFORM ARBITRATION ACTAs used in ORS 36.600 to 36.740:

(1) “Arbitration organization” means an association, agency, board,
commission or other entity that is neutral and initiates, sponsors or
administers an arbitration proceeding or is involved in the appointment
of an arbitrator.

(2) “Arbitrator” means an individual appointed to render an award,
alone or with others, in a controversy that is subject to an agreement to
arbitrate.

(3) “Court” means a circuit court.

(4) “Knowledge” means actual knowledge.

(5) “Person” means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association, joint
venture, government, governmental subdivision, agency or instrumentality,
public corporation or any other legal or commercial entity.

(6) “Record” means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form. [2003 c.598 §1]Note: Sections 3 and 31, chapter 598, Oregon Laws 2003, provide:

Sec. 3. (1) Sections 1 to 30 of this 2003 Act [36.600 to 36.740]
govern an agreement to arbitrate made on or after the effective date of
this 2003 Act [January 1, 2004].

(2) Sections 1 to 30 of this 2003 Act govern an agreement to
arbitrate made before the effective date of this 2003 Act if all the
parties to the agreement or to the arbitration proceeding so agree in a
record.

(3) On or after September 1, 2004, sections 1 to 30 of this 2003
Act govern an agreement to arbitrate whenever made. [2003 c.598 §3]

Sec. 31. ORS 36.600 to 36.740 do not affect an action or proceeding
commenced or right accrued before January 1, 2004. Subject to section 3,
chapter 598, Oregon Laws 2003, an arbitration agreement made before
January 1, 2004, continues to be governed by ORS 36.300 to 36.365 as
though those sections were not repealed by section 57, chapter 598,
Note: 36.600 to 36.740 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 36 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) Except as otherwise provided in ORS 36.600 to
36.740, a person gives notice to another person by taking action that is
reasonably necessary to inform the other person in ordinary course,
whether or not the other person acquires knowledge of the notice.

(2) A person has notice if the person has knowledge of the notice
or has received notice.

(3) A person receives notice when it comes to the person’s
attention or the notice is delivered at the person’s place of residence
or place of business, or at another location held out by the person as a
Note: See notes under 36.600.
(1) Except as otherwise provided in this section, a party to an agreement
to arbitrate or to an arbitration proceeding may waive, or the parties
may vary the effect of, the requirements of ORS 36.600 to 36.740 to the
extent permitted by law.

(2) Before a controversy arises that is subject to an agreement to
arbitrate, a party to the agreement may not:

(a) Waive or agree to vary the effect of the requirements of this
section or ORS 36.615 (1), 36.620 (1), 36.630, 36.675 (1) or (2), 36.720
or 36.730;

(b) Agree to unreasonably restrict the right under ORS 36.635 to
notice of the initiation of an arbitration proceeding;

(c) Agree to unreasonably restrict the right under ORS 36.650 to
disclosure of any facts by a neutral arbitrator; or

(d) Waive the right under ORS 36.670 of a party to an agreement to
arbitrate to be represented by a lawyer at any proceeding or hearing
under ORS 36.600 to 36.740, but an employer and a labor organization may
waive the right to representation by a lawyer in a labor arbitration.

(3) A party to an agreement to arbitrate or arbitration proceeding
may not waive, or the parties may not vary the effect of, the
requirements of this section or ORS 36.625, 36.660, 36.680, 36.690 (4) or
(5), 36.700, 36.705, 36.710, 36.715 (1) or (2), 36.735 or 36.740 or
section 3 (1) or (3) or 31, chapter 598, Oregon Laws 2003.

(4) Subsections (2) and (3) of this section do not apply to
agreements to arbitrate entered into by two or more insurers, as defined
by ORS 731.106, or self-insured persons for the purpose of arbitration of
disputes arising out of the provision of insurance. [2003 c.598 §4]Note: See notes under 36.600. (1)(a) Except as
otherwise provided in ORS 36.730, an application for judicial relief
under ORS 36.600 to 36.740 must be made by petition to the court. Except
as otherwise provided in this subsection, a person filing the first
petition relating to an agreement to arbitrate or relating to an
arbitration proceeding must pay the filing fee provided by ORS 21.110 (1)
for plaintiffs, and persons responding to the petition must pay the
filing fee provided by ORS 21.110 (1) for defendants. If subsequent
petitions are filed relating to the same agreement to arbitrate or
arbitration proceeding, no additional filing fees shall be required of
the parties.

(b) If the first petition relating to an arbitration proceeding is
a petition to seek confirmation, vacation, modification or correction of
an award under ORS 36.700, 36.705 or 36.710, the person filing the
petition must pay a fee of $35, and a person filing an appearance in
opposition to the petition must pay a filing fee of $21.

(c) If a civil action is pending relating to the same dispute that
is the subject of the arbitration, and filing fees were paid for that
action under ORS 21.110, filing fees may not be charged under this
subsection for the filing of any petition under ORS 36.600 to 36.740.

(2) Unless a civil action involving the agreement to arbitrate is
pending, notice of a first petition to the court under ORS 36.600 to
36.740, must be served in the manner provided by ORCP 7 D. Otherwise,
notice of the petition must be given in the manner provided by ORCP 9.

(3) In addition to the fees provided for in subsection (1)(b) of
this section, for the period commencing September 1, 2003, and ending
December 31, 2006, the clerk of the court shall collect a surcharge of
$11 from the party filing a petition under subsection (1) of this
section, and a surcharge of $6 from a party filing an appearance in
opposition to the petition. [2003 c.598 §5; 2003 c.737 §§40a,40c; 2005
c.702 §§45,46]Note: The amendments to 36.615 by section 47, chapter 702, Oregon
Laws 2005, become operative January 1, 2007. See section 48, chapter 702,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user’s convenience.

36.615. (1)(a) Except as otherwise provided in ORS 36.730, an
application for judicial relief under ORS 36.600 to 36.740 must be made
by petition to the court. Except as otherwise provided in this
subsection, a person filing the first petition relating to an agreement
to arbitrate or relating to an arbitration proceeding must pay the filing
fee provided by ORS 21.110 (1) for plaintiffs, and persons responding to
the petition must pay the filing fee provided by ORS 21.110 (1) for
defendants. If subsequent petitions are filed relating to the same
agreement to arbitrate or arbitration proceeding, no additional filing
fees shall be required of the parties.

(b) If the first petition relating to an arbitration proceeding is
a petition to seek confirmation, vacation, modification or correction of
an award under ORS 36.700, 36.705 or 36.710, the person filing the
petition must pay a fee of $39, and a person filing an appearance in
opposition to the petition must pay a filing fee of $23.

(c) If a civil action is pending relating to the same dispute that
is the subject of the arbitration, and filing fees were paid for that
action under ORS 21.110, filing fees may not be charged under this
subsection for the filing of any petition under ORS 36.600 to 36.740.

(2) Unless a civil action involving the agreement to arbitrate is
pending, notice of a first petition to the court under ORS 36.600 to
36.740, must be served in the manner provided by ORCP 7 D. Otherwise,
notice of the petition must be given in the manner provided by ORCP 9.Note: See notes under 36.600. (1) An agreement
contained in a record to submit to arbitration any existing or subsequent
controversy arising between the parties to the agreement is valid,
enforceable and irrevocable except upon a ground that exists at law or in
equity for the revocation of a contract.

(2) Subject to ORS 36.625 (8), the court shall decide whether an
agreement to arbitrate exists or a controversy is subject to an agreement
to arbitrate.

(3) An arbitrator shall decide whether a condition precedent to
arbitrability has been fulfilled.

(4) If a party to a judicial proceeding challenges the existence
of, or claims that a controversy is not subject to, an agreement to
arbitrate, the arbitration proceeding may continue pending final
resolution of the issue by the court, unless the court otherwise orders.
[2003 c.598 §6]Note: See notes under 36.600. (1) On petition of a
person showing an agreement to arbitrate and alleging another person’s
refusal to arbitrate pursuant to the agreement:

(a) If the refusing party does not appear or does not oppose the
petition, the court shall order the parties to arbitrate; and

(b) If the refusing party opposes the petition, the court shall
proceed summarily to decide the issue as provided in subsection (8) of
this section and order the parties to arbitrate unless it finds that
there is no enforceable agreement to arbitrate.

(2) On petition of a person alleging that an arbitration proceeding
has been initiated or threatened but that there is no agreement to
arbitrate, the court shall proceed summarily to decide the issue as
provided in subsection (8) of this section. If the court finds that there
is an enforceable agreement to arbitrate, it shall order the parties to
arbitrate.

(3) If the court finds that there is no enforceable agreement to
arbitrate, it may not order the parties to arbitrate pursuant to
subsection (1) or (2) of this section.

(4) The court may not refuse to order arbitration because the claim
subject to arbitration lacks merit or grounds for the claim have not been
established.

(5) If a proceeding involving a claim referable to arbitration
under an alleged agreement to arbitrate is pending in court, a petition
under this section must be made in that court. Otherwise, a petition
under this section may be made in any court as provided in ORS 36.725.

(6) If a party makes a petition to the court to order arbitration,
the court on just terms shall stay any judicial proceeding that involves
a claim alleged to be subject to the arbitration until the court renders
a final decision under this section.

(7) If the court orders arbitration, the court on just terms shall
stay any judicial proceeding that involves a claim subject to the
arbitration. If a claim subject to the arbitration is severable, the
court may limit the stay to that claim.

(8) A judge shall decide all issues raised under a petition filed
under ORS 36.600 to 36.740 unless there is a constitutional right to jury
trial on the issue. If there is a constitutional right to jury trial on
an issue, the issue shall be tried to a jury upon the request of any
party to the proceeding. [2003 c.598 §7]Note: See notes under 36.600. (1) Before an arbitrator is appointed
and is authorized and able to act, the court, upon petition of a party to
an arbitration proceeding and for good cause shown, may enter an order
for provisional remedies to protect the effectiveness of the arbitration
proceeding to the same extent and under the same conditions as if the
controversy were the subject of a civil action.

(2) After an arbitrator is appointed and is authorized and able to
act:

(a) The arbitrator may issue such orders for provisional remedies,
including interim awards, as the arbitrator finds necessary to protect
the effectiveness of the arbitration proceeding and to promote the fair
and expeditious resolution of the controversy, to the same extent and
under the same conditions as if the controversy were the subject of a
civil action; and

(b) A party to an arbitration proceeding may move the court for a
provisional remedy only if the matter is urgent and the arbitrator is not
able to act timely or the arbitrator cannot provide an adequate remedy.

(3) A party does not waive a right of arbitration by making a
petition under subsection (1) or (2) of this section. [2003 c.598 §8]Note: See notes under 36.600. (1) A person initiates an
arbitration proceeding by giving notice in a record to the other parties
to the agreement to arbitrate in the agreed manner between the parties
or, in the absence of agreement, by certified mail, return receipt
requested and obtained, or by service as authorized for summons under
ORCP 7 D. The notice must describe the nature of the controversy and the
remedy sought.

(2) Unless a person objects for lack or insufficiency of notice
under ORS 36.665 (3) not later than the beginning of the arbitration
hearing, the person by appearing at the hearing waives any objection to
lack or insufficiency of notice. [2003 c.598 §9]Note: See notes under 36.600. (1)
Except as otherwise provided in subsection (3) of this section, upon
petition of a party to an agreement to arbitrate or to an arbitration
proceeding, the court may order consolidation of separate arbitration
proceedings as to all or some of the claims if:

(a) There are separate agreements to arbitrate or separate
arbitration proceedings between the same persons or one of them is a
party to a separate agreement to arbitrate or a separate arbitration
proceeding with a third person;

(b) The claims subject to the agreements to arbitrate arise in
substantial part from the same transaction or series of related
transactions;

(c) The existence of a common issue of law or fact creates the
possibility of conflicting decisions in the separate arbitration
proceedings; and

(d) Prejudice resulting from a failure to consolidate is not
outweighed by the risk of undue delay or prejudice to the rights of or
hardship to parties opposing consolidation.

(2) The court may order consolidation of separate arbitration
proceedings as to some claims and allow other claims to be resolved in
separate arbitration proceedings.

(3) The court may not order consolidation of the claims of a party
to an agreement to arbitrate if the agreement prohibits consolidation.
[2003 c.598 §10]Note: See notes under 36.600.
(1) If the parties to an agreement to arbitrate agree on a method for
appointing an arbitrator, that method must be followed, unless the method
fails. If the parties have not agreed on a method, the agreed method
fails, or an arbitrator designated or appointed fails or is unable to act
and a successor has not been appointed, the court, on petition of a party
to the arbitration proceeding, shall appoint the arbitrator. An
arbitrator so appointed has all the powers of an arbitrator designated in
the agreement to arbitrate or appointed pursuant to the agreed method.

(2) An individual who has a known, direct and material interest in
the outcome of the arbitration proceeding or a known, existing and
substantial relationship with a party may not serve as an arbitrator
required by an agreement to be neutral. [2003 c.598 §11]Note: See notes under 36.600. (1) Before accepting appointment,
an individual who is requested to serve as an arbitrator, after making a
reasonable inquiry, shall disclose to all parties to the agreement to
arbitrate and arbitration proceeding and to any other arbitrators in the
arbitration proceeding any known facts that a reasonable person would
consider likely to affect the impartiality of the arbitrator in the
arbitration proceeding, including:

(a) A financial or personal interest in the outcome of the
arbitration proceeding; and

(b) An existing or past relationship with any of the parties to the
agreement to arbitrate or the arbitration proceeding, their counsel or
representatives, a witness or another arbitrator in the proceeding.

(2) An arbitrator has a continuing obligation to disclose to all
parties to the agreement to arbitrate and arbitration proceeding and to
any other arbitrators in the proceeding any facts that the arbitrator
learns after accepting appointment that a reasonable person would
consider likely to affect the impartiality of the arbitrator.

(3) If an arbitrator discloses a fact required by subsection (1) or
(2) of this section to be disclosed and a party timely objects to the
appointment or continued service of the arbitrator based upon the fact
disclosed, the objection may be a ground under ORS 36.705 (1)(b) for
vacating an award made by the arbitrator.

(4) If the arbitrator did not disclose a fact as required by
subsection (1) or (2) of this section, upon timely objection by a party,
the court under ORS 36.705 (1)(b) may vacate an award.

(5) An arbitrator appointed as a neutral arbitrator who does not
disclose a known, direct and material interest in the outcome of the
arbitration proceeding or a known, existing and substantial relationship
with a party, the party’s counsel or representatives, a witness or
another arbitrator in the proceeding is presumed to act with evident
partiality under ORS 36.705 (1)(b).

(6) If the parties to an arbitration proceeding agree to the
procedures of an arbitration organization or any other procedures for
challenges to arbitrators before an award is made, substantial compliance
with those procedures is a condition precedent to a petition to vacate an
award on that ground under ORS 36.705 (1)(b). [2003 c.598 §12]Note: See notes under 36.600. If there is more than one arbitrator,
the powers of an arbitrator must be exercised by a majority of the
arbitrators, but all of them shall conduct the hearing under ORS 36.665
(3). [2003 c.598 §13]Note: See notes under 36.600.(1) An arbitrator or an arbitration organization acting in
that capacity is immune from civil liability to the same extent as a
judge of a court of this state acting in a judicial capacity.

(2) The immunity afforded by this section supplements any immunity
under other law.

(3) The failure of an arbitrator to make a disclosure required by
ORS 36.650 does not cause any loss of immunity under this section.

(4) In a judicial, administrative or similar proceeding, an
arbitrator or representative of an arbitration organization is not
competent to testify, and may not be required to produce records as to
any statement, conduct, decision or ruling occurring during the
arbitration proceeding, to the same extent as a judge of a court of this
state acting in a judicial capacity. This subsection does not apply:

(a) To the extent necessary to determine the claim of an
arbitrator, arbitration organization or representative of the arbitration
organization against a party to the arbitration proceeding; or

(b) To a hearing on a petition to vacate an award under ORS 36.705
(1)(a) or (b) if the petitioner establishes prima facie that a ground for
vacating the award exists.

(5) If a person commences a civil action against an arbitrator,
arbitration organization or representative of an arbitration organization
arising from the services of the arbitrator, organization or
representative, or if a person seeks to compel an arbitrator or a
representative of an arbitration organization to testify or produce
records in violation of subsection (4) of this section, and the court
decides that the arbitrator, arbitration organization or representative
of an arbitration organization is immune from civil liability or that the
arbitrator or representative of the organization is not competent to
testify, the court shall award to the arbitrator, organization or
representative reasonable attorney fees. [2003 c.598 §14]Note: See notes under 36.600. (1) An arbitrator may conduct an
arbitration in such manner as the arbitrator considers appropriate for a
fair and expeditious disposition of the proceeding. The authority
conferred upon the arbitrator includes the power to hold conferences with
the parties to the arbitration proceeding before the hearing and, among
other matters, determine the admissibility, relevance, materiality and
weight of any evidence.

(2) An arbitrator may decide a request for summary disposition of a
claim or particular issue:

(a) If all interested parties agree; or

(b) Upon request of one party to the arbitration proceeding, if
that party gives notice to all other parties to the proceeding and the
other parties have a reasonable opportunity to respond.

(3) If an arbitrator orders a hearing, the arbitrator shall set a
time and place and give notice of the hearing not less than five days
before the hearing begins. Unless a party to the arbitration proceeding
makes an objection to lack or insufficiency of notice not later than the
beginning of the hearing, the party’s appearance at the hearing waives
any objection based on lack or insufficiency of notice. Upon request of a
party to the arbitration proceeding and for good cause shown, or upon the
arbitrator’s own initiative, the arbitrator may adjourn the hearing from
time to time as necessary but may not postpone the hearing to a time
later than that fixed by the agreement to arbitrate for making the award
unless the parties to the arbitration proceeding consent to a later date.
The arbitrator may hear and decide the controversy upon the evidence
produced although a party who was duly notified of the arbitration
proceeding did not appear. The court, on request, may direct the
arbitrator to conduct the hearing promptly and render a timely decision.

(4) At a hearing under subsection (3) of this section, a party to
the arbitration proceeding has a right to be heard, to present evidence
material to the controversy and to cross-examine witnesses appearing at
the hearing.

(5) If an arbitrator ceases or is unable to act during the
arbitration proceeding, a replacement arbitrator must be appointed in
accordance with ORS 36.645 to continue the proceeding and to resolve the
controversy. [2003 c.598 §15]Note: See notes under 36.600.A party to an arbitration proceeding may be
represented by a lawyer admitted to practice in this state or any other
state. A corporation, business trust, partnership, limited liability
company, association, joint venture or other legal or commercial entity
may be represented by a lawyer admitted to practice in this state or any
other state, by an officer of the entity, or by an employee or other
agent authorized by the entity to represent the entity in the proceeding.
[2003 c.598 §16]Note: See notes under 36.600. (1) An
arbitrator may administer oaths. An arbitrator or an attorney for any
party to the arbitration proceeding may issue a subpoena for the
attendance of a witness and for the production of records and other
evidence at any hearing. A subpoena must be served in the manner for
service of subpoenas under ORCP 55 D and, upon petition to the court by a
party to the arbitration proceeding or the arbitrator, enforced in the
manner provided by ORCP 55 G.

(2) In order to make the proceedings fair, expeditious and
cost-effective, upon request of a party to or a witness in an arbitration
proceeding, an arbitrator may permit a deposition of any witness to be
taken for use as evidence at the hearing, including a witness who cannot
be subpoenaed for or is unable to attend a hearing. The arbitrator shall
determine the conditions under which the deposition is taken.

(3) An arbitrator may permit such discovery as the arbitrator
decides is appropriate in the circumstances, taking into account the
needs of the parties to the arbitration proceeding and other affected
persons and the desirability of making the proceeding fair, expeditious
and cost-effective.

(4) If an arbitrator permits discovery under subsection (3) of this
section, the arbitrator may order a party to the arbitration proceeding
to comply with the arbitrator’s discovery-related orders, issue subpoenas
for the attendance of a witness and for the production of records and
other evidence at a discovery proceeding, and take action against a
noncomplying party to the extent a court could if the controversy were
the subject of a civil action in this state.

(5) An arbitrator may issue a protective order to prevent the
disclosure of privileged information, confidential information, trade
secrets and other information protected from disclosure to the extent a
court could if the controversy were the subject of a civil action in this
state.

(6) All laws compelling a person under subpoena to testify and all
fees for attending a judicial proceeding, a deposition or a discovery
proceeding as a witness apply to an arbitration proceeding as if the
controversy were the subject of a civil action in this state.

(7) The court may enforce a subpoena or discovery-related order for
the attendance of a witness within this state, and for the production of
records and other evidence issued by an arbitrator or by an attorney for
any party to the proceeding in connection with an arbitration proceeding
in another state, upon conditions determined by the court so as to make
the arbitration proceeding fair, expeditious and cost-effective. A
subpoena or discovery-related order issued by an arbitrator or by an
attorney for any party to the proceeding in another state must be served
in the manner provided by ORCP 55 D for service of subpoenas in a civil
action in this state and, upon petition to the court by a party to the
arbitration proceeding or the arbitrator, enforced in the manner provided
by ORCP 55 G for enforcement of subpoenas in a civil action in this
state. [2003 c.598 §17]Note: See notes under 36.600. If an
arbitrator makes a preaward ruling in favor of a party to the arbitration
proceeding, the party may request the arbitrator to incorporate the
ruling into an award under ORS 36.685. A prevailing party may make a
petition to the court for an expedited order to confirm the award under
ORS 36.700, in which case the court shall summarily decide the petition.
The court shall issue an order to confirm the award unless the court
vacates, modifies, or corrects the award under ORS 36.705 or 36.710.
[2003 c.598 §18]Note: See notes under 36.600.(1) An arbitrator shall make a record of an award.
The record must be signed or otherwise authenticated by any arbitrator
who concurs with the award. If the award requires the payment of money,
including but not limited to payment of costs or attorney fees, the award
must be accompanied by a separate statement that contains the information
required by ORS 18.042 for judgments that include money awards. The
arbitrator or the arbitration organization shall give notice of the
award, including a copy of the award, to each party to the arbitration
proceeding.

(2) An award must be made within the time specified by the
agreement to arbitrate or, if not specified therein, within the time
ordered by the court. The court may extend or the parties to the
arbitration proceeding may agree in a record to extend the time. The
court or the parties may extend the time within or after the time
specified or ordered. A party waives any objection that an award was not
timely made unless the party gives notice of the objection to the
arbitrator before receiving notice of the award. [2003 c.598 §19; 2003
c.576 §169a]Note: See notes under 36.600. (1) Upon request by a party
to an arbitration proceeding, an arbitrator may modify or correct an
award:

(a) Upon a ground stated in ORS 36.710 (1)(a) or (c);

(b) Because the arbitrator has not made a final and definite award
upon a claim submitted by the parties to the arbitration proceeding; or

(c) To clarify the award.

(2) A request under subsection (1) of this section must be made and
notice given to all parties within 20 days after the requesting party
receives notice of the award.

(3) A party to the arbitration proceeding must give notice of any
objection to the request within 10 days after receipt of the notice under
subsection (2) of this section.

(4) If a petition to the court is pending under ORS 36.700, 36.705
or 36.710, the court may submit the claim to the arbitrator to consider
whether to modify or correct the award:

(a) Upon a ground stated in ORS 36.710 (1)(a) or (c);

(b) Because the arbitrator has not made a final and definite award
upon a claim submitted by the parties to the arbitration proceeding; or

(c) To clarify the award.

(5) An award modified or corrected pursuant to this section is
subject to ORS 36.685 (1), 36.700, 36.705 and 36.710. [2003 c.598 §20]Note: See notes under 36.600. (1)
An arbitrator may award punitive damages or other exemplary relief if
such an award is authorized by law in a civil action involving the same
claim and the evidence produced at the hearing justifies the award under
the legal standards otherwise applicable to the claim.

(2) An arbitrator may award reasonable attorney fees and other
reasonable expenses of arbitration as may be specified in the arbitration
agreement if such an award is authorized by law in a civil action
involving the same claim or by the agreement of the parties to the
arbitration proceeding.

(3) As to all remedies other than those authorized by subsections
(1) and (2) of this section, an arbitrator may order such remedies as the
arbitrator considers just and appropriate under the circumstances of the
arbitration proceeding. The fact that such a remedy could not or would
not be granted by the court is not a ground for refusing to confirm an
award under ORS 36.700 or for vacating an award under ORS 36.705.

(4) An arbitrator’s expenses and fees, together with other
expenses, must be paid as provided in the award.

(5) If an arbitrator awards punitive damages or other exemplary
relief under subsection (1) of this section, the arbitrator shall specify
in the award the basis in fact justifying and the basis in law
authorizing the award and state separately the amount of the punitive
damages or other exemplary relief. [2003 c.598 §21]Note: See notes under 36.600. (1) After a party to an arbitration
proceeding receives notice of an award, the party may make a petition to
the court for an order confirming the award. The party filing the
petition must serve a copy of the petition on all other parties to the
proceedings. The court shall issue a confirming order unless within 20
days after the petition is served on the other parties:

(a) A party requests that the arbitrator modify or correct the
award under ORS 36.690; or

(b) A party petitions the court to vacate, modify or correct the
award under ORS 36.705 or 36.710.

(2) If a party requests that the arbitrator modify or correct the
award under ORS 36.690, or petitions the court to vacate, modify or
correct the award under ORS 36.705 or 36.710, the court may stay entry of
an order on a petition filed under this section until a final decision is
made on the request or petition. [2003 c.598 §22]Note: See notes under 36.600. (1) Upon petition to the court by a party to
an arbitration proceeding, the court shall vacate an award made in the
arbitration proceeding if:

(a) The award was procured by corruption, fraud or other undue
means;

(b) There was:

(A) Evident partiality by an arbitrator appointed as a neutral
arbitrator;

(B) Corruption by an arbitrator; or

(C) Misconduct by an arbitrator prejudicing the rights of a party
to the arbitration proceeding;

(c) An arbitrator refused to postpone the hearing upon showing of
sufficient cause for postponement, refused to consider evidence material
to the controversy or otherwise conducted the hearing contrary to ORS
36.665 so as to prejudice substantially the rights of a party to the
arbitration proceeding;

(d) An arbitrator exceeded the arbitrator’s powers;

(e) There was no agreement to arbitrate, unless the person
participated in the arbitration proceeding without raising an objection
under ORS 36.665 (3) not later than the beginning of the arbitration
hearing; or

(f) The arbitration was conducted without proper notice of the
initiation of an arbitration as required in ORS 36.635 so as to prejudice
substantially the rights of a party to the arbitration proceeding.

(2) A petition under this section must be filed within 20 days
after the petitioner is served with a petition for confirmation of an
award under ORS 36.700, unless the petitioner alleges that the award was
procured by corruption, fraud or other undue means. If the petitioner
alleges that the award was procured by corruption, fraud or other undue
means, a petition under this section must be filed within 90 days after
the grounds for challenging the award are known or, by the exercise of
reasonable care, would have been known by the petitioner. A party filing
a petition under this section must serve a copy of the petition on all
other parties to the proceedings.

(3) If the court vacates an award on a ground other than that set
forth in subsection (1)(e) of this section, it may order a rehearing. If
the award is vacated on a ground stated in subsection (1)(a) or (b) of
this section, the rehearing must be before a new arbitrator. If the award
is vacated on a ground stated in subsection (1)(c), (d) or (f) of this
section, the rehearing may be before the arbitrator who made the award or
before any successor appointed for that arbitrator. The arbitrator must
render the decision in the rehearing within the same time as that
provided for an award in ORS 36.685 (2).

(4) If the court denies a petition to vacate an award, it shall
confirm the award unless a petition to modify or correct the award is
pending. [2003 c.598 §23]Note: See notes under 36.600. (1) Upon petition filed
within 20 days after the petitioner is served with a petition for
confirmation of an award under ORS 36.700, the court shall modify or
correct the award if:

(a) There was an evident mathematical miscalculation or an evident
mistake in the description of a person, thing or property referred to in
the award;

(b) The arbitrator has made an award on a claim not submitted to
the arbitrator and the award may be corrected without affecting the
merits of the decision upon the claims submitted; or

(c) The award is imperfect in a matter of form not affecting the
merits of the decision on the claims submitted.

(2) If a petition made under subsection (1) of this section is
granted, the court shall modify or correct and confirm the award as
modified or corrected. Otherwise, unless a petition to vacate is pending,
the court shall confirm the award.

(3) A petition to modify or correct an award pursuant to this
section may be joined with a petition to vacate the award.

(4) A party filing a petition under this section must serve a copy
of the petition on all other parties to the proceedings. [2003 c.598 §24]Note: See notes under 36.600.
(1) Upon granting an order confirming, vacating without directing a
rehearing, modifying or correcting an award, the court shall enter a
judgment in conformity with the order. The judgment may be entered in the
register and enforced as any other judgment in a civil action.

(2) A court may allow reasonable costs of the petition and
subsequent judicial proceedings.

(3) On application of a prevailing party to a contested judicial
proceeding under ORS 36.700, 36.705 or 36.710, the court may add
reasonable attorney fees incurred in a judicial proceeding after the
award is made to a judgment confirming, vacating without directing a
rehearing, modifying or correcting an award. [2003 c.598 §25]Note: See notes under 36.600. (1) A court having jurisdiction over the
controversy and the parties may enforce an agreement to arbitrate.

(2) An agreement to arbitrate providing for arbitration in this
state confers exclusive jurisdiction on the court to enter judgment on an
award under ORS 36.600 to 36.740. [2003 c.598 §26]Note: See notes under 36.600.A petition pursuant to ORS 36.615 must be made in the
court for the county in which the agreement to arbitrate specifies the
arbitration hearing is to be held or, if the hearing has been held, in
the court for the county in which it was held. Otherwise, the petition
may be made in the court for any county in which an adverse party resides
or has a place of business or, if no adverse party has a residence or
place of business in this state, in the court of any county in this
state. All subsequent petitions must be made in the court hearing the
initial petition unless the court otherwise directs. [2003 c.598 §27]Note: See notes under 36.600. (1) An appeal may be taken from:

(a) An order denying a petition to compel arbitration.

(b) An order granting a petition to stay arbitration.

(c) A judgment entered pursuant to ORS 36.600 to 36.740, including
but not limited to a judgment:

(A) Confirming or denying confirmation of an award.

(B) Modifying or correcting an award.

(C) Vacating an award without directing a rehearing.

(2) An appeal under this section must be taken as provided in ORS
chapter 19. [2003 c.598 §28]Note: See notes under 36.600. In applying and
construing ORS 36.600 to 36.740, consideration must be given to the need
to promote uniformity of the law with respect to its subject matter among
states that enact it. [2003 c.598 §29]Note: See notes under 36.600.The provisions of ORS 36.600 to 36.740 governing the legal
effect, validity and enforceability of electronic records or electronic
signatures, and of contracts performed with the use of such records or
signatures, conform to the requirements of Section 102 of the Electronic
Signatures in Global and National Commerce Act, 15 U.S.C. 7001 and 7002,
as in effect on January 1, 2004. [2003 c.598 §30]Note: See notes under 36.600._______________CHAPTERS 37 TO 39[Reserved for expansion]