(1) In any action described in subsection (6) of this section, all parties to the action and their attorneys must participate in some form of dispute resolution within 270 days after the action is filed unless:
(a) The action is settled or otherwise resolved within 270 days after the action is filed; or
(b) All parties to the action agree in writing to waive dispute resolution under this section.
(2) Dispute resolution under this section may consist of arbitration, mediation or a judicial settlement conference.
(3) Within 270 days after filing an action described in subsection (6) of this section, the parties or their attorneys must file a certificate indicating that the parties and attorneys have complied with the requirements of this section.
(4) The court may impose appropriate sanctions against any party or attorney who:
(a) Fails to attend an arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section;
(b) Fails to act in good faith in any arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section;
(c) Fails to timely submit any documents required for an arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section; or
(d) Fails to have a person with authority to approve a resolution of the action available at the time of any arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section, unless the party or attorney receives from the court, before the hearing, session or conference commences, an exemption from the requirements of this paragraph.
(5) This section does not apply to parties to an action described in subsection (6) of this section that have participated in a discussion and mediation under ORS 31.264 and 31.268.
(6) The provisions of this section apply to any action in which a claim for damages is made against a health practitioner, as described in ORS 31.740, or against a health care facility, as defined in ORS 442.015, based on negligence, unauthorized rendering of health care or product liability under ORS 30.900 to 30.920. [2003 c.598 §54; 2013 c.5 §§13,14; 2021 c.271 §3]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 31.150 - Special motion to strike; when available; burden of proof.
Section 31.152 - Time for filing special motion to strike; discovery; attorney fees.
Section 31.155 - Exempt actions; substantive law not affected.
Section 31.200 - Liability of radio or television station personnel for defamation.
Section 31.210 - When general damages allowed.
Section 31.215 - Publication of correction or retraction upon demand.
Section 31.230 - Wrongful use of civil proceeding; pleading; procedure.
Section 31.260 - Definitions for ORS 31.260 to 31.278.
Section 31.262 - Notice of adverse health care incident.
Section 31.266 - Discussion communications; admissibility; disclosure.
Section 31.270 - Payment and resolution.
Section 31.272 - Statute of limitations; evidence of offers and payments.
Section 31.274 - Patient representatives.
Section 31.276 - Duties of Oregon Patient Safety Commission; rules.
Section 31.278 - Use of information relating to notice of adverse health care incident.
Section 31.280 - Task Force on Resolution of Adverse Health Care Incidents; rules.
Section 31.300 - Pleading requirements for actions against design professionals.
Section 31.350 - Pleading requirements for actions against real estate licensees.
Section 31.555 - Effect of advance payment; payment as satisfaction of judgment.
Section 31.580 - Effect of collateral benefits.
Section 31.605 - Special questions to trier of fact; jury not to be informed of settlement.
Section 31.620 - Doctrines of last clear chance and implied assumption of risk abolished.
Section 31.710 - Limitation on award for noneconomic damages in claim for wrongful death.
Section 31.740 - When award of punitive damages against health practitioner prohibited.
Section 31.760 - Evidence of nonuse of safety belt or harness to mitigate damages.
Section 31.805 - Basis for proportional shares of tortfeasors.