2015 ORS 36.400¹
Mandatory arbitration programs

(1) A mandatory arbitration program is established in each circuit court.

(2) Rules consistent with ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) 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 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) in matters involving $50,000 or less.

(4) ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) 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 (Admission or denial of claim), by reason of the filing of a counterclaim in excess of the jurisdiction of the small claims department under ORS 46.461 (Counterclaims), or for any other reason, shall be subject to ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) 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 arbitrators decision and award in the manner provided by ORS 36.425 (Filing of decision and award). [Formerly 33.350; 1993 c.482 §1; 1995 c.618 §10; 1995 c.658 §30a; 1997 c.46 §§3,4; 2005 c.274 §1]

(formerly 33.350 to 33.400)

Law Review Cita­tions

22 WLR 237 (1986); 27 WLR 551 (1991)


1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors036.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 36, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano036.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.