ORS 403.160
Mediation of disputes

  • arbitration
  • costs and fees

(1)

All disputes between a governing body, 9-1-1 jurisdiction and public or private safety agency regarding the emergency communications system must be mediated if the dispute cannot be resolved in accordance with a written agreement. When a governing body or 9-1-1 jurisdiction obtains knowledge that a dispute exists and cannot be resolved by the agencies, the governing body or the 9-1-1 jurisdiction shall notify the Oregon Department of Emergency Management of the dispute in writing. Within 30 days after this notification, the disputing agencies shall mutually select a mediator and notify the department in writing of this selection. If a mediator is not mutually selected by the agencies within this period, the Director of the Oregon Department of Emergency Management shall select a mediator from the list of mediators established under subsection (3) of this section. Once selected, the mediator shall establish a schedule for the mediation process. The disputing agencies shall resolve the dispute within 60 days after the date the mediator is agreed upon or selected unless the agencies mutually agree in writing to an extension of this deadline. A copy of all extensions must be submitted to the department.

(2)

When the mediation process in subsection (1) of this section ends, the mediator shall notify the department in writing of the outcome of the mediation. If the agencies are not able to resolve their dispute through mediation, the 9-1-1 jurisdiction or governing body and public or private safety agency or agencies shall submit the dispute to arbitration. The agencies shall select an arbitrator within 30 days after the end of the mediation. If the disputing agencies are unable to mutually select an arbitrator within this period, the director shall request the presiding judge for the judicial district in which the 9-1-1 service area is located to select an arbitrator. The arbitrator shall hear and decide the dispute within 30 days after selection unless the agencies mutually agree in writing to an extension of this deadline. A party to an arbitration under this subsection may seek confirmation, vacation, modification or correction of the arbitrator’s decision as provided in ORS 36.700 (Confirmation of award), 36.705 (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 department 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; 2021 c.539 §64]
Note: The amendments to 403.160 (Mediation of disputes) by section 64, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
403.160 (Mediation of disputes). (1) All disputes between a governing body, 9-1-1 jurisdiction and public or private safety agency regarding the emergency communications system must be mediated if the dispute cannot be resolved in accordance with a written agreement. When a governing body or 9-1-1 jurisdiction obtains knowledge that a dispute exists and cannot be resolved by the agencies, the governing body or the 9-1-1 jurisdiction shall notify the Office of Emergency Management of the dispute in writing. Within 30 days after this notification, the disputing agencies shall mutually select a mediator and notify the office in writing of this selection. If a mediator is not mutually selected by the agencies within this period, the Director of the Office of Emergency Management shall select a mediator from the list of mediators established under subsection (3) of this section. Once selected, the mediator shall establish a schedule for the mediation process. The disputing agencies shall resolve the dispute within 60 days after the date the mediator is agreed upon or selected unless the agencies mutually agree in writing to an extension of this deadline. A copy of all extensions must be submitted to the office.

(2)

When the mediation process in subsection (1) of this section ends, the mediator shall notify the office in writing of the outcome of the mediation. If the agencies are not able to resolve their dispute through mediation, the 9-1-1 jurisdiction or governing body and public or private safety agency or agencies shall submit the dispute to arbitration. The agencies shall select an arbitrator within 30 days after the end of the mediation. If the disputing agencies are unable to mutually select an arbitrator within this period, the director shall request the presiding judge for the judicial district in which the 9-1-1 service area is located to select an arbitrator. The arbitrator shall hear and decide the dispute within 30 days after selection unless the agencies mutually agree in writing to an extension of this deadline. A party to an arbitration under this subsection may seek confirmation, vacation, modification or correction of the arbitrator’s decision as provided in ORS 36.700 (Confirmation of award), 36.705 (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.

Source: Section 403.160 — Mediation of disputes; arbitration; costs and fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors403.­html.

403.100
Policy
403.105
Definitions for ORS 305.823 and 403.105 to 403.250
403.107
Authority to adjust definition
403.110
Liability
403.115
9-1-1 as primary emergency number
403.120
Oregon Department of Emergency Management duties and powers
403.130
9-1-1 jurisdiction plan
403.132
Provision of location of cellular device to law enforcement agency
403.135
When blocking of information prohibited
403.137
Operation of multiline telephone system
403.140
Pay phones to be converted to allow emergency calls without charge
403.145
Use of emergency communications system by users with hearing or speech impairments
403.150
Disaster recovery plan
403.155
Agreements among certain safety agencies for rendering emergency services
403.156
Response times during emergency
403.160
Mediation of disputes
403.165
Department to ensure compliance
403.170
Agreement with Confederated Tribes of Warm Springs Reservation of Oregon
403.200
Imposition of tax
403.202
Compensation of sellers of prepaid wireless telecommunications service
403.205
Exemptions
403.210
Duties of providers and sellers
403.215
Returns
403.217
Duties of consumers
403.220
Refunds
403.225
Amounts collected held in trust
403.228
Rules
403.230
Application of other laws
403.235
Emergency Communications Account
403.240
Distribution of account proceeds
403.245
Limitation on use of moneys
403.250
Primary public safety answering points
403.300
Definitions for ORS 403.300 to 403.380
403.305
Formation of emergency communications district
403.310
Officers of district
403.315
Application of ORS chapter 255 to district
403.320
Board as governing body of district
403.325
Election of board members at formation election
403.330
Changing number of board members
403.335
Continuing schedule of biennial elections after change in number of board members
403.340
Manner of electing board members
403.345
Election of board members
403.350
Changing manner of electing board members
403.355
Changing number and manner of electing board members at same election
403.360
General district powers
403.365
Authority to issue general obligation bonds
403.370
Levy of taxes
403.375
Boundaries of zones
403.380
Advisory committee
403.400
Legislative findings
403.405
Definitions for ORS 403.400 to 403.430
403.410
Public referral and information telephone number
403.420
Designated regional information centers
403.422
Access of telecommunications customers to 2-1-1 system
403.425
Use of 2-1-1 system by state agencies providing health and human services
403.430
Contributions to support 2-1-1 system
403.435
2-1-1 Account
403.445
Definitions
403.450
State Interoperability Executive Council
403.455
Duties of council
403.460
Statewide interoperability coordinator
403.465
Duties of State Chief Information Officer
403.500
Definitions for ORS 403.500 to 403.542
403.502
Application of election laws
403.505
Formation
403.507
Size of district board
403.510
Size of district board at formation
403.512
Election of district board after formation
403.515
Oath of office
403.517
District board as governing body
403.520
Methods of election
403.522
Boundaries of zones for district board members
403.525
General district powers
403.527
Levy of taxes
403.530
Deposit and disbursement of district moneys
403.532
County counsel to aid district board
403.535
Power to contract bonded indebtedness
403.537
Bond elections
403.540
Authority for issuance of general obligation bonds and revenue bonds
403.542
Contracts with United States
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