(2) In a civil action in a circuit court where all parties have appeared, where the only relief claimed is recovery of money or damages and where a party asserts a claim for money or general and special damages in an amount exceeding $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment, any party against whom the claim is made may file a motion with the court requesting that the matter be referred to arbitration. After hearing upon the motion, the court shall refer the matter to arbitration under ORS 36.400 to 36.425 if the defendant establishes by affidavits and other documentation that no objectively reasonable juror could return a verdict in favor of the claimant in excess of $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment. [Formerly 33.380; 1995 c.618 §13; 1995 c.658 §33; 2005 c.274 §4]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 036 - Mediation and Arbitration
Section 36.105 - Declaration of purpose of ORS 36.100 to 36.238.
Section 36.110 - Definitions for ORS 36.100 to 36.238.
Section 36.160 - Participation by counties; notice; contents; effect of failure to give notice.
Section 36.165 - Termination of county participation.
Section 36.175 - Rules for administration of dispute resolution programs.
Section 36.190 - Stipulation to mediation; selection of mediator; stay of proceedings.
Section 36.200 - Mediation panels; qualification; procedure for selecting mediator.
Section 36.210 - Liability of mediators and programs.
Section 36.220 - Confidentiality of mediation communications and agreements; exceptions.
Section 36.224 - State agencies; confidentiality of mediation communications; rules.
Section 36.228 - Mediations in which two or more public bodies are parties.
Section 36.230 - Public bodies; confidentiality of mediation agreements.
Section 36.232 - Disclosures allowed for reporting, research, training and educational purposes.
Section 36.236 - Effect on other laws.
Section 36.238 - Application of ORS 36.210 and 36.220 to 36.238.
Section 36.254 - Contracts for mediation services.
Section 36.256 - Request for mediation services.
Section 36.258 - Duties of mediator.
Section 36.260 - Mediation agreement.
Section 36.262 - Confidentiality of mediation materials.
Section 36.264 - Civil immunity for mediators and mediation service providers.
Section 36.266 - Suspension of court proceedings during mediation; dismissal of action.
Section 36.268 - Provision of mediation services contingent on funding.
Section 36.280 - Mediation of disputes related to interference with farming practices.
Section 36.283 - Confidentiality of mediation communications and agreement.
Section 36.400 - Mandatory arbitration programs.
Section 36.405 - Referral to mandatory arbitration; exemptions.
Section 36.410 - Stipulation for arbitration; conditions; relief.
Section 36.420 - Notice of arbitration hearing; open proceeding; compensation and expenses.
Section 36.450 - Definitions for ORS 36.450 to 36.558.
Section 36.456 - Construction of ORS 36.450 to 36.558.
Section 36.458 - When written communication considered to have been received.
Section 36.460 - Waiver of objection to arbitration.
Section 36.468 - Application to stay judicial proceedings and compel arbitration.
Section 36.474 - Procedure for appointment of arbitrators; appointment by circuit court.
Section 36.478 - Procedure for challenging arbitrator.
Section 36.480 - Withdrawal of arbitrator; termination of mandate.
Section 36.482 - Substitute arbitrator; effect of substitution.
Section 36.490 - Procedures subject to agreement by parties; procedure in absence of agreement.
Section 36.492 - Place of arbitration.
Section 36.496 - Language used in proceedings.
Section 36.498 - Contents of statements by claimant and respondent; amendment or supplement.
Section 36.500 - Oral hearing; notice; discovery.
Section 36.502 - Effect of failure to make required statement or to appear at oral hearing.
Section 36.504 - Appointment of experts.
Section 36.508 - Choice of laws.
Section 36.514 - Arbitral award; contents; interim award; award for costs of arbitration.
Section 36.516 - Termination of arbitral proceedings.
Section 36.518 - Correction of errors in award; interpretation of award; additional award.
Section 36.520 - Setting aside award; grounds; time for application; circuit court fees.
Section 36.522 - Enforcement of award; procedure; fee; entry of judgment.
Section 36.524 - Grounds for refusal to enforce award; fee.
Section 36.534 - Draft conciliation settlement.
Section 36.540 - Termination of conciliation proceedings.
Section 36.548 - Costs of conciliation proceedings.
Section 36.610 - Effect of agreement to arbitrate; nonwaivable provisions.
Section 36.615 - Application for judicial relief; fees.
Section 36.620 - Validity of agreement to arbitrate; form of acknowledgment of agreement.
Section 36.625 - Petition to compel or stay arbitration.
Section 36.630 - Provisional remedies.
Section 36.635 - Initiation of arbitration.
Section 36.640 - Consolidation of separate arbitration proceedings.
Section 36.645 - Appointment of arbitrator; service as neutral arbitrator.
Section 36.650 - Disclosure by arbitrator.
Section 36.655 - Action by majority.
Section 36.660 - Immunity of arbitrator; competency to testify; attorney fees and costs.
Section 36.665 - Arbitration process.
Section 36.670 - Representation by a lawyer; representation of legal or commercial entities.
Section 36.675 - Witnesses; subpoenas; depositions; discovery.
Section 36.680 - Judicial enforcement of preaward ruling by arbitrator.
Section 36.690 - Change of award by arbitrator.
Section 36.695 - Remedies; fees and expenses of arbitration proceeding.
Section 36.700 - Confirmation of award.
Section 36.705 - Vacating award.
Section 36.710 - Modification or correction of award.
Section 36.715 - Judgment on award; attorney fees and litigation expenses.
Section 36.720 - Jurisdiction.
Section 36.735 - Uniformity of application and construction.
Section 36.740 - Relationship to electronic signatures in Global and National Commerce Act.