Title 3, Remedies and Special Actions and Proceedings

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 p…

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 …

As used in ORS 36.100 to 36.238: (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 un…

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 un…

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 con…

Portland State University, on behalf of the Mark O. Hatfield School of Government and the University of Oregon, on behalf of the University of Oregon School of Law, may accept and expend moneys from any public or private source, including the federal government, made available fo…

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 allocated to the University of Oregon on behalf of the University of Oregon School of Law…

(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 …

(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 …

(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) Me…

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. [200…

After the appearance by all parties in any civil action, except proceedings under ORS 107.700 to 107.735, 124.005 to 124.040 or 163.760 to 163.777, 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…

(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 …

(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…

(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 prere…

(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 don…

(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 pro…

(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 …

(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 evi…

(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 O…

(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 d…

(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 …

(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…

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 n…

(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 192.705. [1997 c.670…

The provisions of ORS 36.210 and 36.220 to 36.238 apply to: (1) All mediations, whether conducted by a publicly funded program or by a private mediation provider; and (2) Facilitated dispute resolution services conducted by the Public Records Advocate under ORS 192.464. Solely fo…

(1) The State Department of Agriculture shall coordinate agricultural mediation services for disputes directly related to activities of the department and agricultural issues under the jurisdiction of the department. (2) The Director of Agriculture or a designee of the director s…

(1) The agricultural mediation service coordinator serving under ORS 36.252 shall contract with one or more providers of agricultural mediation services to provide impartial mediators who are knowledgeable in agriculture and financial matters. (2) The coordinator may contract wit…

(1) The State Department of Agriculture may accept a request for mediation under ORS 36.252 to 36.268 of a dispute directly related to activities of the department or agricultural issues under the jurisdiction of the department from: (a) A person engaged in the production of live…

In carrying out mediation under ORS 36.252 to 36.268, a mediator shall: (1) Listen to the parties that are desiring to be heard. (2) Attempt to facilitate a negotiated agreement that provides for mutual satisfaction. (3) Seek assistance as necessary from any public or private age…

(1) If an agreement is reached between the parties in a mediation under ORS 36.252 to 36.268, the parties shall sign a written mediation agreement. (2) The parties to a mediation agreement: (a) Are bound by the terms of the agreement; (b) May enforce the mediation agreement as a …

(1) For purposes of a mediation under ORS 36.252 to 36.268, all memoranda, work products and other materials contained in the case files of a mediator, an agricultural mediation service provider or the State Department of Agriculture are confidential. Any communication made in, o…

Mediators and agricultural mediation service providers are 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 under ORS 36.252 to 36.268, unless the act or omission was made or done in …

(1) During the pendency of any action between parties to a mediation under ORS 36.252 to 36.268, the court may, upon stipulation by all parties, enter an order suspending the action. (2) A suspension order under subsection (1) of this section suspends all orders and proceedings i…

The duty of the State Department of Agriculture and the Director of Agriculture to provide mediation services under ORS 36.252 to 36.268 is contingent upon the existence and the level of funding specifically made available to carry out that duty. Should continuation of mediation …

(1) If a person that is engaged in a farming practice, as defined in ORS 30.930, has a reasonable belief that the planting, growing or harvesting of an agricultural or horticultural commodity on nearby land might interfere with or is interfering with the farming practice, and the…

(1) A mediation described in ORS 36.280 (1) is subject to ORS 36.220. (2) Except as provided under ORS 36.220 to 36.238, if the parties to a mediation described in ORS 36.280 have agreed in writing that all or part of the mediation communications or all or part of the terms of a …

(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 …

(1) Except as provided in ORS 30.136, 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, …

(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) Th…

(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 di…

(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 princ…

(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 pa…

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…

(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 arb…

(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…

(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 prov…

(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 ca…

(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 …

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]