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Oregon required ADR.


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So,I have posted many times '(sorry if I sound like a robot) about the requirements of Oregon required mandatory arbitration. In Oregon, all cases under $50,000 is required to go through our local arbitration. When and if you lose, which you will then you can appeal and then go for a real trial with a judge. It's a long drag out process.

 

However, my question is a little different. 

 

1- I filed  for a "objection from arbitration" , as my case has not been assigned to arbitrator, and still in the hands of the judge.

2- I also filed for a MTD/STAY pending PRIVATE arbitration through JAMS. 

 

I am 100000% sure the other side will "object" to this matter. Until they object, we don't get a hearing date. So, since I just filed on Monday, I am sure that should be happening by next week.

 

My question: 

If the judge does deny my request for private arbitration through JAMS, can I appeal that decisions? Can I file a motion for reconsideration? Is there anything else I can do?

 

Just thinking of my chess move ahead of time.

Thanks in advance

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You can appeal a judge's decision that denies your request for JAMS arb.  The real question is WHEN do you appeal it?

 

Appeals are usually taken at the end of the case, after a final decision is rendered.  But, there is a provision of the Federal Arbitration Act, which has been incorporated into many state arbitration acts, that allows immediate appeal if a court denies a request for a stay pending arb.

 

Check your state's arbitration act.

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You can appeal a judge's decision that denies your request for JAMS arb.  The real question is WHEN do you appeal it?

 

Appeals are usually taken at the end of the case, after a final decision is rendered.  But, there is a provision of the Federal Arbitration Act, which has been incorporated into many state arbitration acts, that allows immediate appeal if a court denies a request for a stay pending arb.

 

Check your state's arbitration act.

Okay, I am going to act right now as the  judge will deny my motion request.  I wonder when the judge will deny my request, is it appropriate for me to ask the judge, how I appeal his decision.

 

I SUCK i mean SUCK at looking at our state laws.. I am in Oregon, do you think the "states arbitration act" will  be in the civil rule, or trial or what? Awe, no wonder attorneys charge so much per hour. Sucks!

 

Thanks so much for your help. 

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I have this.. 

 

 36.625¹

 

Petition to compel or stay arbitration

(1)On petition of a person showing an agreement to arbitrate and alleging another persons refusal to arbitrate pursuant to the agreement:

(a)If the refusing party does not appear or does not oppose the petition, the court shall order the parties to arbitrate; and

(B)If the refusing party opposes the petition, the court shall proceed summarily to decide the issue as provided in subsection (8) of this section and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

(2)On petition of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue as provided in subsection (8) of this section. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

(3)If the court finds that there is no enforceable agreement to arbitrate, it may not order the parties to arbitrate pursuant to subsection (1) or (2) of this section.

(4)The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

(5)If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a petition under this section must be made in that court. Otherwise, a petition under this section may be made in any court as provided in ORS 36.725 (Venue).

(6)If a party makes a petition to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

(7)If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.

(8)A judge shall decide all issues raised under a petition filed under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act)unless there is a constitutional right to jury trial on the issue. If there is a constitutional right to jury trial on an issue, the issue shall be tried to a jury upon the request of any party to the proceeding. [2003 c.598 §7]

 

Note: See notes under 36.600 (Definitions).

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I'm not familiar with OR law, maybe a shout for help from others, maybe HueyPilot, would help?

 

You can always ask the judge how to appeal, but the answer will probably be "I can't help you."  But you never know.

 

I saw this in a google search, might be helpful:

 

http://www.tonkon.com/assets/documents/news/Federal%20Arbitration%20Act%20Preempts%20Oregon%20Legislature's%202007%20Amendment%20to%20Oregon%20Arbitration%20Act.pdf

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I'm not familiar with OR law, maybe a shout for help from others, maybe HueyPilot, would help?

 

You can always ask the judge how to appeal, but the answer will probably be "I can't help you."  But you never know.

 

I saw this in a google search, might be helpful:

 

 

I called them.. Awaiting a call back. Thanks so much.. 

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Its great that you are thinking this matter many steps ahead and developing a game plan for each possibility. I think you should stay positive that you're going be successful at your hearing.  In the event that you need to appeal, I believe you can appeal an Order prior to the final outcome of the case. In fact, its a great strategy to buy some time and push back against the Plaintiff. But first things first, knock 'em dead at your hearing!

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Hi tsingh,

Its great that you are thinking this matter many steps ahead and developing a game plan for each possibility. I think you should stay positive that you're going be successful at your hearing. In the event that you need to appeal, I believe you can appeal an Order prior to the final outcome of the case. In fact, its a great strategy to buy some time and push back against the Plaintiff. But first things first, knock 'em dead at your

. Thanks so much for ur support. Ur awesome.

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...

My question: 

If the judge does deny my request for private arbitration through JAMS, can I appeal that decisions? Can I file a motion for reconsideration? Is there anything else I can do?

...

§ 36.730¹

Appeals

(1) An appeal may be taken from:

(a) An order denying a petition to compel arbitration.

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§ 36.730¹

Appeals

(1) An appeal may be taken from:

(a) An order denying a petition to compel arbitration.[/quote

So, it was right there all along. Lol, its gets so confusing at times. Now I just have to figure out how to appeal, the cost and and all.

Im assuming the appeal will be in a higher court? From state to federal?

Im not sure what I would do without all of u guys.

Win, lose or draw, im so lucky to have you guys.

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