This statute is set forth for the benefit 
 of  non-lawyers     participating in court-annexed arbitrations.
               
                   The 
procedure of Oregon Court Annexed
   Arbitration     is governed by Oregon Revised Statutes sections 36.400
to   36.425, along   with  rules issued by the Supreme Court of Oregon in
chapter   13 of the Uniform    Trial Court Rules.  Many Circuit Courts
have also   issued additional   rules, usually found at chapter 13 of that
court's Supplemental   Local Rules.    The 
Uniform Trial Court Rules 
   and each 
Circuit 
   Court's Supplemental   Local Rules are found on the website of the 
Oregon   Supreme Court - also known  as the Oregon Judicial Department (
www.ojd.state.or.us)    - under the 
   button 
RULES.  It is not realistically possible  for a non-lawyer 
   to participate in a court-annexed arbitration without at  least having 
read   - and attempted to follow - these statutes and chapter 13 of the UTCR 
(as   they are known) and chapter 13 of the SLR.
                
                    Here are the statutes (but not the UTCR
 and   the   SLR).  For non-lawyers, do not   confuse these procedural
 statutes   and  rules with the 
substantive rules  of law governing
 entitlement   to recover, damages, evidence, and other procedures  of courts.
                
                
36.400 Mandatory arbitration programs. 
                    (1) A mandatory arbitration program is 
established       in  each circuit court.        
                    (2) Rules consistent with ORS 36.400 to
 36.425    to  govern   the operation and procedure of an arbitration program
 established      under this  section may be made in the same manner as other
 rules applicable      to the court  and are subject to the approval of the
 Chief Justice of  the    Supreme  Court.         
                    (3) Each circuit court shall require arbitration 
     under   ORS 36.400 to 36.425 in matters involving $50,000 or less.  
     
                    (4) ORS 36.400 to 36.425 do not apply
to  appeals     from   a county, justice or municipal court or actions in
the  small claims     department   of a circuit court. Actions transferred
from  the small claims     department  of a circuit court by reason of a
request  for a jury trial  under   ORS 46.455,   by reason of the filing
of a counterclaim  in excess  of the  jurisdiction of  the small claims department
under ORS  46.461, or  for any  other reason, shall  be subject to ORS 36.400
to 36.425  to the same  extent  and subject to the same conditions as a case
initially  filed in circuit  court.  The arbitrator  shall not allow any
party to appear  or participate  in the  arbitration proceeding   after the
transfer unless  the party pays  the arbitrator  fee established by  court
rule or the party  obtains a waiver  or deferral of the fee from the court
and provides a copy  of the waiver or  deferral to the arbitrator. The failure
of a party to appear  or participate  in the arbitration  proceeding  by
reason of failing to pay  the arbitrator  fee or obtain a waiver  or deferral
 of the fee does not affect the ability  of the party to appeal  the arbitrator’s
 decision and award in the manner  provided by ORS 36.425.         
   
                
 36.405 Referral to mandatory arbitration; exemptions.         
      
    (1) Except as provided in ORS 30.136, in a civil action in
a circuit court where all parties have appeared, the court shall refer the
action to arbitration under ORS 36.400 to 36.425 if either of the following
applies:
      (a) The only relief claimed is recovery of
money or damages, and no 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.
      (b) The action is a domestic relations suit,
as defined in ORS 107.510, in which the only contested issue is the division
or other disposition of property between the parties.
    (2) The presiding judge for a judicial district may do
either of the following:
      (a) Exempt from arbitration under ORS 36.400
to 36.425 a civil action that otherwise would be referred to arbitration
under this section.
      (b) Remove from further arbitration proceedings
a civil action that has been referred to arbitration under this section,
when, in the opinion of the judge, good cause exists for that exemption or
removal.
    (3) If a court has established a mediation program that
is available for a civil action that would otherwise be subject to arbitration
under ORS 36.400 to 36.425, the court shall not assign the proceeding to
arbitration if the proceeding is assigned to mediation pursuant to the agreement
of the parties. Notwithstanding any other provision of ORS 36.400 to 36.425,
a party who completes a mediation program offered by a court shall not be
required to participate in arbitration under ORS 36.400 to 36.425.
                
                
36.410 Stipulation for arbitration; conditions; relief.
 
                    (1) In a civil action in a circuit court 
 where    all   parties  have appeared and agreed to arbitration by stipulation, 
 the   court   shall refer  the action to arbitration under ORS 36.400 to 
36.425   if:        (a) The relief  claimed is more than or other than recovery 
of   money or damages.        (b)  The only relief claimed is recovery of 
money   or damages   and 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.         (2) If 
a civil action   is referred to arbitration   under this section,  the arbitrator 
may grant   any relief that could have  been granted if the action  were determined
by  a judge of the court. 
               
                36.415 Arbitration after waiver of amount of claim exceeding
  $50,000;     motion  for referral to arbitration. 
                    (1) In a civil action in a circuit court 
 where    all   parties  have appeared, where the only relief claimed is recovery
  of  money   or damages,  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, and where all
  parties asserting   those claims waive  the amounts of those claims that
 exceed $50,000, the  court shall refer the  action to arbitration under
ORS  36.400 to 36.425. A waiver of an amount of  a claim under this section
shall  be for the purpose  of arbitration under ORS 36.400 to 36.425 only
and shall   not restrict assertion  of a larger claim in a trial de novo
under ORS 36.425.          
                    (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.
 
               
                
36.420 Notice of arbitration hearing; open proceeding; 
compensation       and  expenses. 
                    (1) At least five days before the date 
set   for   an  arbitration   hearing, the arbitrator shall notify the clerk 
of   the court   of the time and  place of the hearing. The clerk shall post 
a  notice of the  time and place  of the hearing in a conspicuous place for 
 trial notices  at  the principal  location for the sitting of the court in
 the county in  which  the action was  commenced.        
                    (2) The arbitration proceeding and the 
records     thereof    shall be open to the public to the same extent as would
a trial     of the action   in the court and the records thereof.       
                    (3) The compensation of the arbitrator 
and   other    expenses   of the arbitration proceeding shall be the obligation 
  of the  parties  or any  of them as provided by rules made under ORS 36.400. 
  However,  if those  rules  require the parties or any of them to pay any 
 of those expenses   in  advance,  in the form of fees or otherwise, as a 
condition of arbitration,    the rules  shall also provide for the waiver 
in whole or in part, deferral    in whole or in part, or both, of that payment 
by a party whom the court  finds  is then  unable to pay all or any part of
those advance expenses. Expenses  so waived  shall be paid by the state from
funds available for the purpose.  Expenses  so deferred shall be paid, if
necessary, by the state from funds  available  for the purpose, and the state
shall be reimbursed according to  the terms  of the deferral. 
               
                
36.425 Filing of decision and award; notice of appeal; 
trial    de  novo;    attorney fees and costs; effect of arbitration decision 
and   award.  
                    (1) At the conclusion of arbitration under 
  ORS   36.400    to 36.425 of a civil action, the arbitrator shall file the
  decision   and  award  with the clerk of the court that referred the action
  to arbitration,    together  with proof of service of a copy of the decision
  and award upon   each party.  If the decision and award require the payment
  of money, including    payment  of costs or attorney fees, the decision
and  award must be substantially    in  the form prescribed by ORS 18.042.
       
                    (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 21.270.        
                        (c) A party filing
a  written     notice    under paragraph (a) of this subsection shall deposit
 with the   clerk  of the   court the sum of $150. 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.