Oregon Statutes 36.400 – Mandatory arbitration programs
(1) A mandatory arbitration program is established in each circuit court.
Terms Used In Oregon Statutes 36.400
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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]