OR · rules
ORAP 10.20
ARBITRATION OF DISPUTES OVER PROVISION OF PUBLIC SERVICES FOR PRISON SITES
(1) When a motion is filed under ORS 421.628(7) seeking selection of an arbitrator:
(a) The case title shall identify the moving party as the petitioner and the
adverse party as the respondent.
(b) The motion shall be entitled "MOTION FOR SELECTION OF
ARBITRATOR UNDER ORS 421.628(7)."
(c) The motion may nominate one or more arbitrators and shall suggest rules
and procedures for the arbitration proceeding.
(d) The moving party shall serve a copy of the motion on the adverse party
and the motion shall contain proof of service on the adverse party.
(e) The adverse party shall have 14 days after the date the motion was filed to
file an answer to the motion. The adverse party may nominate one or more arbitrators and
may suggest alternative rules and procedures for the arbitration proceeding.
(f) When the Chief Judge of the Court of Appeals selects an arbitrator and
decides the rules and procedures to be followed in the proceeding, the Administrator shall
so inform the parties. Thereafter, the parties will be responsible for contacting the
arbitrator and making arrangements for the arbitration proceeding, including sharing the
expense of the arbitration proceeding and the arbitrator's fee.
(2) Following the arbitration proceeding, if either party files exceptions to the
arbitrator's decision and award:
(a) The case caption shall contain the same case title and appellate case
number as the motion for selection of arbitrator and the exceptions shall have attached to
it a copy of the arbitrator's decision and award.
(b) The arbitrator shall have 14 days after the date of being served with a copy
of the exceptions to submit to the Court of Appeals the original of the arbitration decision
together with any exhibits, memoranda or other written materials made part of the record
by the arbitrator.
(c) No later than 14 days after the arbitrator's record is submitted to the Court
of Appeals, any party wishing to have a special master appointed shall file a motion
demonstrating the need for a special master. The adverse party shall have 14 days to file
an answer to the motion. If the court appoints a special master, the court's order will
prescribe the rules and procedure for the proceeding before the special master.
(d) If no party requests appointment of a special master, the party filing
objections shall have 14 days after the arbitrator submits the record to the court to serve
and file a memorandum in support of the objections.
(e) If a special master is appointed, the party filing objections shall have 14
days after the special master submits the special master's findings to the court to file a
memorandum in support of the objections.
(f) The adverse party shall have 14 days after being served with the
memorandum in support of the objections to file an answer to the objections.
(g) The court in its discretion will hear oral argument on the objections to the
arbitrator's decision.
Provenance
- Source
- courts.oregon.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
977d98a488c4d4cd6cfe2a703e513b788307ad1976370e8b3f2e1545a4382a2c
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