71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1184
House Bill 2339
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for Judicial Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows presiding judge of circuit court to establish mandatory
mediation program for specified categories of cases.
Expands types of services that may be funded by certain fees
collected in specified domestic relations cases.
A BILL FOR AN ACT
Relating to courts; amending ORS 21.112, 36.185 and 36.405.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 36.185 is amended to read:
36.185. { + (1) + } After the appearance by all parties in any
civil action, except proceedings under ORS 107.700 to 107.732 or
124.005 to 124.040, a judge of any circuit court may refer a
civil dispute to mediation under the terms and conditions set
forth in ORS 36.180 to 36.210. When a party to a case files a
written objection to mediation with the court, the action shall
be removed from mediation and proceed in a normal fashion. All
civil disputants shall be provided with written information
describing the mediation process, as provided by the Dispute
Resolution Commission, along with information on established
court mediation opportunities. Filing parties shall be provided
with this information at the time of filing a civil action.
Responding parties shall be provided with this information by the
filing party along with the initial service of filing documents
upon the responding party.
{ + (2) Except as provided in ORS 107.755 to 107.785, upon
approval of the Chief Justice of the Supreme Court, the presiding
judge for a judicial district may require that in specified
categories of cases the parties must participate in mediation.
Any rules for the operation of a mandatory mediation program
established under this subsection must be consistent with the
provisions of ORS 36.180 to 36.210 and must be adopted through
the process used by the court for adoption of other local rules
of court. + }
SECTION 2. ORS 36.405 is amended to read:
36.405. (1) 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 the amount established under ORS
36.400 (3), 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 { + or is required to be mediated under a mandatory
mediation program established pursuant to ORS 36.185 (2) + }.
Notwithstanding any other provision of ORS 36.400 to 36.425, a
party who completes a mediation program
{ - offered by a court - } { + under ORS 36.180 to 36.210 + }
shall not be required to participate in arbitration under ORS
36.400 to 36.425.
SECTION 3. ORS 21.112 is amended to read:
21.112. (1) The clerk of the court shall collect at the time a
proceeding described in subsection { - (2) - } { + (3) + } of
this section is filed a fee in an amount determined by the
governing body of the county to be necessary in the particular
type of case, in addition to any other funds used therefor, to
pay the expenses of providing
{ - the services required or allowed by ORS 107.434, 107.510 to
107.610 and 107.755 to 107.785 and established by order or rule
of the governing body filed with the clerk of the court. - }
{ + :
(a) Education programs under ORS 3.425;
(b) Investigations under ORS 107.425;
(c) Expedited parenting time enforcement under ORS 107.434;
(d) Conciliation services under ORS 107.510 to 107.610;
(e) Mediation under ORS 107.755 to 107.785; and
(f) Any other program or procedure to which parties may be
referred or that may be ordered by that court, including programs
or procedures established to assist the court or a family in a
domestic relations case if the presiding judge for the judicial
district has approved the program or procedure.
(2) + } The fees provided for in this section are in addition
to all other fees that are collected by the clerk at the time the
proceeding is filed. Fees collected under this section shall be
paid, in the manner determined by the State Court Administrator,
to the appropriate officer of the county within the first 25 days
of the month following the month in which collected. The fees
shall be used by the county to pay the expenses { - of
providing the services - } { + specified in subsection (1) of
this section + }.
{ - (2) - } { + (3) + } The additional fee established by
this section shall be collected by the clerk:
(a) In the following proceedings:
(A) Proceedings for dissolution of marriage, annulment of
marriage or separation.
(B) Filiation proceedings under ORS 109.124 to 109.230.
(C) Proceedings to determine custody or support of a child
under ORS 109.103.
(D) Proceedings for modifications of orders issued under
subparagraphs (A) to (C) of this paragraph.
(E) Proceedings under ORS 107.434.
(b) Notwithstanding ORS 21.111 (3), for responses in any of the
proceedings listed in paragraph (a) of this subsection.
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