2021 Oregon Revised Statutes
Chapter 036 - Mediation and Arbitration
Section 36.476 - Disclosure by proposed arbitrators and conciliators; waiver of disclosure; grounds for challenge.


(a) The person has a personal bias or prejudice concerning a party or personal knowledge of the disputed evidentiary facts concerning the proceeding.
(b) The person served as a lawyer in the matter in controversy, or the person is or has been associated with another who has participated in the matter during such association, or the person has been a material witness concerning it.
(c) The person served as an arbitrator or conciliator in another proceeding involving one or more of the parties to the proceeding.
(d) The person, individually or as a fiduciary, or the person’s spouse or minor child, or anyone residing in the person’s household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.
(e) The person, the person’s spouse or minor child, anyone residing in the person’s household, any individual within the third degree of relationship to any of them, or the spouse of any of them, meets any of the following conditions:
(A) The person is or has been a party to the proceeding, or an officer, director or trustee of a party.
(B) The person is acting or has acted as a lawyer in the proceeding.
(C) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.
(D) The person is likely to be a material witness in the proceeding.
(f) The person has a close personal or professional relationship with a person who meets any of the following conditions:
(A) The person is or has been a party to the proceeding, or an officer, director or trustee of a party.
(B) The person is acting or has acted as a lawyer or representative in the proceeding.
(C) The person is or expects to be nominated as an arbitrator or conciliator in the proceedings.
(D) The person is known to have an interest that could be substantially affected by the outcome of the proceeding.
(E) The person is likely to be a material witness in the proceeding.
(2) The obligation to disclose information set forth in subsection (1) of this section is mandatory and cannot be waived by the parties with respect to persons serving either as the sole arbitrator or sole conciliator or as one of two arbitrators or conciliators or as the chief or prevailing arbitrator or conciliator. The parties may otherwise agree to waive such disclosure.
(3) From the time of appointment and throughout the arbitral proceedings, an arbitrator shall, without delay, disclose to the parties any circumstances referred to in subsection (1) of this section which were not previously disclosed.
(4) Unless otherwise agreed by the parties or allowed by the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to the independence or impartiality of the arbitrator, or as to possession of the qualifications upon which the parties have agreed.
(5) A party may challenge an arbitrator appointed by it, or in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made. [1991 c.405 §15]

Structure 2021 Oregon Revised Statutes

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 36.195 - Presence of attorney; authority and duties of mediator; notice to court at completion of mediation.

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 36.222 - Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings.

Section 36.224 - State agencies; confidentiality of mediation communications; rules.

Section 36.226 - Public bodies other than state agencies; confidentiality of mediation communications.

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 36.252 - Agricultural mediation services coordinated by State Department of Agriculture; rules.

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 36.415 - Arbitration after waiver of amount of claim exceeding $50,000; motion for referral to arbitration.

Section 36.420 - Notice of arbitration hearing; open proceeding; compensation and expenses.

Section 36.425 - Filing of decision and award; notice of appeal; trial de novo; attorney fees and costs; effect of arbitration decision and award.

Section 36.450 - Definitions for ORS 36.450 to 36.558.

Section 36.452 - Policy.

Section 36.454 - Application of ORS 36.450 to 36.558; when arbitration or conciliation agreement is international; validity of written agreements.

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 36.464 - Venue.

Section 36.468 - Application to stay judicial proceedings and compel arbitration.

Section 36.470 - Interim judicial relief; factors considered by court; determination of arbitral tribunal’s jurisdiction.

Section 36.474 - Procedure for appointment of arbitrators; appointment by circuit court.

Section 36.476 - Disclosure by proposed arbitrators and conciliators; waiver of disclosure; grounds for challenge.

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 36.484 - Arbitral tribunal may rule on own jurisdiction; time for raising issue of jurisdiction; review by circuit court.

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 36.506 - Circuit court assistance in taking evidence; circuit court authorized to enter certain orders upon application.

Section 36.508 - Choice of laws.

Section 36.512 - Settlement.

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 36.536 - Prohibition on use of statements, admissions or documents arising out of conciliation proceedings.

Section 36.538 - Conciliation to act as stay of other proceedings; tolling of limitation periods during conciliation.

Section 36.540 - Termination of conciliation proceedings.

Section 36.548 - Costs of conciliation proceedings.

Section 36.554 - Immunities.

Section 36.600 - Definitions.

Section 36.605 - Notice.

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 36.685 - Award.

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 36.725 - Venue.

Section 36.730 - Appeals.

Section 36.735 - Uniformity of application and construction.

Section 36.740 - Relationship to electronic signatures in Global and National Commerce Act.