Oregon Law
Law as of Jan 1, 2026
Chapter contents
36.100Policy for ORS 36.100 to 36.238 36.105Declaration of purpose of ORS 36.100 to 36.238 36.110Definitions for ORS 36.100 to 36.238 36.115[1989 c.718 §4; 1991 c.538 §1; repealed by 2003 c.791 §33] 36.120[1989 c.718 §5; repealed by 2003 c.791 §33] 36.125[1989 c.718 §6; repealed by 2003 c.791 §33] 36.130[1989 c.718 §7; repealed by 2003 c.791 §33] 36.135Review of dispute resolution programs; suspension or termination of funding 36.140[1989 c.718 §9; repealed by 2003 c.791 §33] 36.145Dispute Resolution Account 36.150Additional funding 36.155Grants for dispute resolution services in counties; rules 36.160Participation by counties; notice; contents; effect of failure to give notice 36.165Termination of county participation 36.170[1989 c.718 §15; 1991 c.538 §4; 1991 c.790 §4; 1995 c.664 §77; 1995 c.666 §12; 1997 c.801 §§38,39; 2003 c.791 §18a; 2005 c.817 §4f; 2007 c.860 §26; 2009 c.659 §§18,19; 2010 c.107 §§36,37,38; repealed by 2011 c.595 §107] 36.175Rules for administration of dispute resolution programs 36.179Mediation and other alternative dispute resolution services for public bodies 36.180[1989 c.718 §18; repealed by 2003 c.791 §33] 36.185Referral of civil dispute to mediation; objection; information to parties 36.190Stipulation to mediation; selection of mediator; stay of proceedings 36.195Presence of attorney; authority and duties of mediator; notice to court at completion of mediation 36.200Mediation panels; qualification; procedure for selecting mediator 36.205[1989 c.718 §23; 1995 c.678 §1; repealed by 1997 c.670 §15] 36.210Liability of mediators and programs 36.220Confidentiality of mediation communications and agreements; exceptions 36.222Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings 36.224State agencies; confidentiality of mediation communications; rules 36.226Public bodies other than state agencies; confidentiality of mediation communications 36.228Mediations in which two or more public bodies are parties 36.230Public bodies; confidentiality of mediation agreements 36.232Disclosures allowed for reporting, research, training and educational purposes 36.234Parties to mediation 36.236Effect on other laws 36.238Application of ORS 36.210 and 36.220 to 36.238 36.245[1997 c.706 §2; repealed by 2003 c.791 §33] 36.250[1989 c.967 §2; 2001 c.104 §9; 2005 c.657 §3; 2009 c.294 §2; repealed by 2015 c.202 §1] 36.252Agricultural mediation services coordinated by State Department of Agriculture; rules 36.254Contracts for mediation services 36.256Request for mediation services 36.258Duties of mediator 36.260Mediation agreement 36.262Confidentiality of mediation materials 36.264Civil immunity for mediators and mediation service providers 36.266Suspension of court proceedings during mediation; dismissal of action 36.268Provision of mediation services contingent on funding 36.270[1995 c.277 §5; repealed by 2015 c.202 §1] 36.280Mediation of disputes related to interference with farming practices 36.283Confidentiality of mediation communications and agreement 36.300[Formerly 33.210; repealed by 2003 c.598 §57] 36.305[Formerly 33.220; repealed by 2003 c.598 §57] 36.310[Formerly 33.230; repealed by 2003 c.598 §57] 36.315[Formerly 33.240; repealed by 2003 c.598 §57] 36.320[Formerly 33.250; repealed by 2003 c.598 §57] 36.325[Formerly 33.260; repealed by 2003 c.598 §57] 36.330[Formerly 33.270; repealed by 2003 c.598 §57] 36.335[Formerly 33.280; repealed by 2003 c.598 §57] 36.340[Formerly 33.290; repealed by 2003 c.598 §57] 36.345[Formerly 33.300; repealed by 2003 c.598 §57] 36.350[Formerly 33.310; 1997 c.801 §53; 1999 c.63 §1; 2003 c.737 §35; repealed by 2003 c.598 §57] 36.355[Formerly 33.320; 1997 c.801 §54; 2003 c.737 §38; repealed by 2003 c.598 §57] 36.360[Formerly 33.330; repealed by 2003 c.598 §57] 36.365[Formerly 33.340; repealed by 2003 c.598 §57] 36.400Mandatory arbitration programs 36.405Referral to mandatory arbitration; exemptions 36.410Stipulation for arbitration; conditions; relief 36.415Arbitration after waiver of amount of claim exceeding $50,000; motion for referral to arbitration 36.420Notice of arbitration hearing; open proceeding; compensation and expenses 36.425Filing of decision and award; notice of appeal; trial de novo; attorney fees and costs; effect of arbitration decision and award 36.450Definitions for ORS 36.450 to 36.558 36.452Policy 36.454Application of ORS 36.450 to 36.558; when arbitration or conciliation agreement is international; validity of written agreements 36.456Construction of ORS 36.450 to 36.558 36.458When written communication considered to have been received 36.460Waiver of objection to arbitration 36.462Prohibition on intervention by court 36.464Venue 36.466Arbitration agreements to be in writing 36.468Application to stay judicial proceedings and compel arbitration 36.470Interim judicial relief; factors considered by court; determination of arbitral tribunal’s jurisdiction 36.472Number of arbitrators 36.474Procedure for appointment of arbitrators; appointment by circuit court 36.476Disclosure by proposed arbitrators and conciliators; waiver of disclosure; grounds for challenge 36.478Procedure for challenging arbitrator 36.480Withdrawal of arbitrator; termination of mandate 36.482Substitute arbitrator; effect of substitution 36.484Arbitral tribunal may rule on own jurisdiction; time for raising issue of jurisdiction; review by circuit court 36.486Interim measures of protection ordered by arbitral tribunal; security 36.488Fairness in proceedings 36.490Procedures subject to agreement by parties; procedure in absence of agreement 36.492Place of arbitration 36.494Commencement of arbitral proceedings 36.496Language used in proceedings 36.498Contents of statements by claimant and respondent; amendment or supplement 36.500Oral hearing; notice; discovery 36.502Effect of failure to make required statement or to appear at oral hearing 36.504Appointment of experts 36.506Circuit court assistance in taking evidence; circuit court authorized to enter certain orders upon application 36.508Choice of laws 36.510Decision of arbitral tribunal 36.512Settlement 36.514Arbitral award; contents; interim award; award for costs of arbitration 36.516Termination of arbitral proceedings 36.518Correction of errors in award; interpretation of award; additional award 36.520Setting aside award; grounds; time for application; circuit court fees 36.522Enforcement of award; procedure; fee; entry of judgment 36.524Grounds for refusal to enforce award; fee 36.526Provisions to be interpreted in good faith 36.528Policy to encourage conciliation 36.530Guiding principles of conciliators 36.532Manner of conducting conciliation proceedings 36.534Draft conciliation settlement 36.536Prohibition on use of statements, admissions or documents arising out of conciliation proceedings 36.538Conciliation to act as stay of other proceedings; tolling of limitation periods during conciliation 36.540Termination of conciliation proceedings 36.542Conciliator not to be arbitrator or take part in arbitral or judicial proceedings 36.544Submission to conciliation not waiver 36.546Conciliation agreement to be treated as arbitral award 36.548Costs of conciliation proceedings 36.550Payment of costs 36.552Effect of conciliation on jurisdiction of courts 36.554Immunities 36.556Severability 36.558Short title 36.600Definitions 36.605Notice 36.610Effect of agreement to arbitrate; nonwaivable provisions 36.615Application for judicial relief; fees 36.620Validity of agreement to arbitrate; form of acknowledgment of agreement 36.625Petition to compel or stay arbitration 36.630Provisional remedies 36.635Initiation of arbitration 36.640Consolidation of separate arbitration proceedings 36.645Appointment of arbitrator; service as neutral arbitrator 36.650Disclosure by arbitrator 36.655Action by majority 36.660Immunity of arbitrator; competency to testify; attorney fees and costs 36.665Arbitration process 36.670Representation by a lawyer; representation of legal or commercial entities 36.675Witnesses; subpoenas; depositions; discovery 36.680Judicial enforcement of preaward ruling by arbitrator 36.685Award 36.690Change of award by arbitrator 36.695Remedies; fees and expenses of arbitration proceeding 36.700Confirmation of award 36.705Vacating award 36.710Modification or correction of award 36.715Judgment on award; attorney fees and litigation expenses 36.720Jurisdiction 36.725Venue 36.730Appeals 36.735Uniformity of application and construction 36.740Relationship to electronic signatures in Global and National Commerce Act

Chapter 36 — Mediation and Arbitration

ORS 36.610 Effect of agreement to arbitrate; nonwaivable provisions

(1)

Except as otherwise provided in this section, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of ORS 36.600 to 36.740 to the extent permitted by law.

(2)

Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:

(a)

Waive or agree to vary the effect of the requirements of this section or ORS 36.615, 36.620 (1), 36.630, 36.675 (1) or (2), 36.720 or 36.730;

(b)

Agree to unreasonably restrict the right under ORS 36.635 to notice of the initiation of an arbitration proceeding;

(c)

Agree to unreasonably restrict the right under ORS 36.650 to disclosure of any facts by a neutral arbitrator; or

(d)

Waive the right under ORS 36.670 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under ORS 36.600 to 36.740, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

(3)

A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or ORS 36.625, 36.660, 36.680, 36.690 (4) or (5), 36.700, 36.705, 36.710, 36.715 (1) or (2), 36.735 or 36.740 or section 3 (1) or (3) or 31, chapter 598, Oregon Laws 2003.

(4)

Subsections (2) and (3) of this section do not apply to agreements to arbitrate entered into by two or more insurers, as defined by ORS 731.106, or self-insured persons for the purpose of arbitration of disputes arising out of the provision of insurance.

Note: See note under 36.600.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.