This is Tel-Law topic number 460, Mandatory Arbitration, brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions. The following explanation of arbitration describes the general process of arbitration in the state trial courts, which exists in all Oregon counties. However, each county has its own rules, and you should read those local county rules or ask a lawyer.
Arbitration is a procedure, much like a trial but less formal.
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. Like a jury, an arbitrator, after hearing the evidence, decides which side wins and which side loses, and what the result will be. In the state court system, an arbitrator is a lawyer who has been admitted to practice for at least five years. The arbitrator is either chosen by the parties and their attorneys or selected by a judge or court clerk.