(2)(a) Within 20 days after the filing of a decision and award with the clerk of the court under subsection (1) of this section, a party against whom relief is granted by the decision and award or a party whose claim for relief was greater than the relief granted to the party by the decision and award, but no other party, may file with the clerk a written notice of appeal and request for a trial de novo of the action in the court on all issues of law and fact. A copy of the notice of appeal and request for a trial de novo must be served on all other parties to the proceeding. After the filing of the written notice a trial de novo of the action shall be held. If the action is triable by right to a jury and a jury is demanded by a party having the right of trial by jury, the trial de novo shall include a jury.
(b) If a party files a written notice under paragraph (a) of this subsection, a trial fee or jury trial fee, as applicable, shall be collected as provided in ORS 21.225.
(c) A party filing a written notice under paragraph (a) of this subsection shall deposit with the clerk of the court the sum of $159. If the position under the arbitration decision and award of the party filing the written notice is not improved as a result of a judgment in the action on the trial de novo, the clerk shall dispose of the sum deposited in the same manner as a fee collected by the clerk. If the position of the party is improved as a result of a judgment, the clerk shall return the sum deposited to the party. If the court finds that the party filing the written notice is then unable to pay all or any part of the sum to be deposited, the court may waive in whole or in part, defer in whole or in part, or both, the sum. If the sum or any part thereof is so deferred and the position of the party is not improved as a result of a judgment, the deferred amount shall be paid by the party according to the terms of the deferral.
(3) If a written notice is not filed under subsection (2)(a) of this section within the 20 days prescribed, the court shall cause to be prepared and entered a judgment based on the arbitration decision and award. A judgment entered under this subsection may not be appealed.
(4) Notwithstanding any other provision of law or the Oregon Rules of Civil Procedure:
(a) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under the provisions of ORS 36.405 (1)(a), the party is entitled to attorney fees by law or contract, and the position of the party is not improved after judgment on the trial de novo, the party shall not be entitled to an award of attorney fees or costs and disbursements incurred by the party before the filing of the decision and award of the arbitrator, and shall be taxed the reasonable attorney fees and costs and disbursements incurred by the other parties to the action on the trial de novo after the filing of the decision and award of the arbitrator.
(b) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under ORS 36.405 (1)(a), the party is not entitled to attorney fees by law or contract, and the position of the party is not improved after judgment on the trial de novo, pursuant to subsection (5) of this section the party shall be taxed the reasonable attorney fees and costs and disbursements of the other parties to the action on the trial de novo incurred by the other parties after the filing of the decision and award of the arbitrator.
(c) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under ORS 36.405 (1)(b), and the position of the party is not improved after judgment on the trial de novo, the party shall not be entitled to an award of attorney fees or costs and disbursements and shall be taxed the costs and disbursements incurred by the other parties after the filing of the decision and award of the arbitrator.
(5) If a party is entitled to an award of attorney fees under subsection (4) of this section, but is also entitled to an award of attorney fees under contract or another provision of law, the court shall award reasonable attorney fees pursuant to the contract or other provision of law. If a party is entitled to an award of attorney fees solely by reason of subsection (4) of this section, the court shall award reasonable attorney fees not to exceed the following amounts:
(a) Twenty percent of the judgment, if the defendant requests the trial de novo but the position of the defendant is not improved after the trial de novo; or
(b) Ten percent of the amount claimed in the complaint, if the plaintiff requests the trial de novo but the position of the plaintiff is not improved after the trial de novo.
(6) Within seven days after the filing of a decision and award under subsection (1) of this section, a party may file with the court and serve on the other parties to the arbitration written exceptions directed solely to the award or denial of attorney fees or costs. Exceptions under this subsection may be directed to the legal grounds for an award or denial of attorney fees or costs, or to the amount of the award. Any party opposing the exceptions must file a written response with the court and serve a copy of the response on the party filing the exceptions. Filing and service of the response must be made within seven days after the service of the exceptions on the responding party. A judge of the court shall decide the issue and enter a decision on the award of attorney fees and costs. If the judge fails to enter a decision on the award within 20 days after the filing of the exceptions, the award of attorney fees and costs shall be considered affirmed. The filing of exceptions under this subsection does not constitute an appeal under subsection (2) of this section and does not affect the finality of the award in any way other than as specifically provided in this subsection.
(7) For the purpose of determining whether the position of a party has improved after a trial de novo under the provisions of this section, the court shall not consider any money award or other relief granted on claims asserted by amendments to the pleadings made after the filing of the decision and award of the arbitrator. [Formerly 33.400; 1993 c.482 §3; 1995 c.455 §3; 1995 c.618 §14a; 1995 c.658 §34; 1997 c.756 §§1,2; 2003 c.576 §170; 2019 c.605 §25]
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.