Or. Admin. R. 808-004-0440 - Contracts With Mediation or Arbitration Agreements

If a claim is received that is based upon a contract that contains an agreement by the parties to mediate or arbitrate disputes arising out of the contract, the specific terms of the mediation or arbitration agreement supersede agency rules except as provided in this rule. Unless the contract requires mediation or arbitration by the agency, the agency will take the following action:

(1) The agency shall inform the claimant by written notice that the agency will not accept the claim unless it receives, within 60 days of the date of the notice:
(a) A written waiver of mediation or arbitration under the contract signed by the claimant and respondent;
(b) Documentation showing that the claimant or respondent initiated mediation under the contract to resolve the same facts and issues raised in the claim and the mediation failed; or
(c) Documentation showing the claimant or Respondent has already initiated mediation or arbitration under the contract.
(2) The agency may accept a claim, but will suspend processing of the claim if respondent or claimant has initiated mediation or arbitration under the contract, until arbitration or the mediation process is complete.
(3) The agency will not accept claims based on a contract that includes a requirement of binding arbitration unless the claimant provides a written waiver or arbitration signed by the claimant and respondent.

Notes

Or. Admin. R. 808-004-0440
LCB 1-2000, f. & cert. ef. 2-1-00; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 1-2005, f. & cert. ef. 2-15-05; LCB 6-2016, f. & cert. ef. 5/23/2016

Stat. Auth.: ORS 183, 670.310 & 671.670

Stats. Implemented: ORS 671.703

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