2017 ORS 36.705¹
Vacating award

and 36.710 (Modification or correction of award). A court may vacate a decision only if there is a basis to vacate the decision as described in ORS 36.705 (Vacating award) (1)(a) to (d). The court may modify or correct a decision only for the grounds given in ORS 36.710 (Modification or correction of award).

(3) The office shall establish a roster of mediators qualified to mediate disputes under subsection (1) of this section. This list may be used by the disputing agencies when selecting a mediator.

(4) Unless otherwise agreed upon, the costs of the mediation or arbitration, including the mediator’s or arbitrator’s fees, must be divided equally among the disputing agencies. [Formerly 401.785; 2015 c.247 §17]

Notes of Decisions

“Evident partiality” means actual, discernable inclina­tion to favor one party and does not require proof that award was affected by that inclina­tion. Prime Properties, Inc. v. Leahy, 234 Or App 439, 228 P3d 617 (2010)

Notes of Decisions

Uniform Arbitra­tion Act applies to ac­tions filed on or after January 1, 2004, re­gard­ing agree­ment to arbitrate, regardless of date of agree­ment. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

Uniform Arbitra­tion Act applies to any arbitra­tion agree­ment regardless of when arbitrating parties entered into agree­ment. Jeld-Wen, Inc. v. PacifiCorp, 240 Or App 124, 245 P3d 685 (2010)

Uniform Arbitra­tion Act gives courts authority to deny mo­tion to compel arbitra­tion under arbitra­tion clause on grounds that contract containing clause is unenforceable. Hinman v. Silver Star Group, LLC, 280 Or App 34, 380 P3d 994 (2016)

1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors036.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 36, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano036.­html (2017) (last ac­cessed Mar. 30, 2018).
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.