Oregon Agreement to Arbitrate Online
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How to fill out Agreement To Arbitrate Online?
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FAQ
The findings of the arbitrator are generally binding. With the more certain scheduling than the courts, and the binding result, this system is an excellent way to resolve disputes.
The OUAA provides that a written agreement to arbitrate a dispute is presumptively valid, enforceable, and irrevocable except where there are legal or equitable grounds for the revocation that apply to any contract (Or. Rev. Stat. § 36.620(1)).
The arbitration process usually starts with the complaining party giving notice to the other about their intent to arbitrate a dispute. The notice includes the nature and basis for the proceeding. Following this notice the other party has a period of time to file a written response.
While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.
PETITION TO COMPEL OR STAY ARBITRATION Under the OUAA, a party asks a court to compel or stay arbitration in Oregon state court by filing a petition. If there is no court action already pending between the parties, the petition to compel or stay arbitration starts an action.
The person asking for arbitration and or mediation must pay a filing fee ($50 for claims of less than $7,500 and $75 for claims of $7,500 or more). However, if you cannot afford to pay the fee, the bar may grant you a waiver. (Call the bar to ask for a waiver application.)
Instead of a decision being made by a judge or jury, an arbitrator hears the evidence and makes a decision. Like a judge, an arbitrator makes rulings on motions, decides the order in which witnesses appear and the testimony they give, and may impose penalties on a party who disobeys the arbitrator's orders.
As a form of alternative dispute resolution, arbitration proceedings can either be binding or non-binding. The former simply means the decision is final and enforceable, while the latter that the arbitrator's ruling is advisory and can only be applied if both parties agree to it.