reglab/housing_qa huggingface dataset:
12 OK Stat § 12-1838 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1838. Program certification – Intent of provision.

|Any entity, including the Administrative Office of the Courts, “certifying” mediators for its program shall make clear in all communications regarding the “certification” that the mediator is “certified” for that program only. Any mediator certified under the Dispute Resolution Act or qualified under the District Court Mediation Act shall be considered “certified” for purposes of any federal programs that require the use of “certified mediators” or “certified programs”. The intent of this provision is to avoid the misconception that there is one certifying body for mediators in Oklahoma and to permit agencies to utilize available state and federal funds for operation of mediation programs and, where appropriate, for the compensation of mediators. |Added by Laws 2002, c. 468, § 18, eff. Nov. 1, 2002.
12 OK Stat § 12-1839 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1839. Authority of the courts – Court-ordered settlement conferences.

|Nothing in the Choice in Mediation Act shall impair the authority of trial courts or appellate courts of this state to establish or continue in effect programs for mediation of disputes within their jurisdiction or for conducting court-ordered settlement conferences. |Added by Laws 2002, c. 468, § 19, eff. Nov. 1, 2002.
12 OK Stat § 12-1840 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1840. Parties – Selection and compensation of mediators.

|Nothing in the Choice in Mediation Act shall limit the ability of parties to a dispute to select and, if appropriate, compensate a mediator of their choice, whether or not that mediator is certified under the Dispute Resolution Act or qualified under the District Court Mediation Act; nor shall anything in the Choice in Mediation Act prohibit any person from acting as a mediator of a dispute when so requested by the parties to the dispute. |Added by Laws 2002, c. 468, § 20, eff. Nov. 1, 2002.
12 OK Stat § 12-1851 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1851. Short title.

|Sections 1 through 31 of this act shall be known and may be cited as the “Uniform Arbitration Act”. |Added by Laws 2005, c. 364, § 1.
12 OK Stat § 12-1852 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1852. Definitions.

|As used in the Uniform Arbitration Act: |1. “Arbitration organization” means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator;2. “Arbitrator” means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate;3. “Court” means any court of competent jurisdiction in this state;4. “Knowledge” means actual knowledge;5. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity; and6. “Record” means any information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.Added by Laws 2005, c. 364, § 2.
12 OK Stat § 12-1853 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1853. Notice.

|A. Except as otherwise provided in the Uniform Arbitration Act, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. |B. A person has notice if the person has knowledge of the notice or has received notice.C. A person will be deemed to have received notice when it comes to the person’s attention or the notice is delivered at the person’s place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.Added by Laws 2005, c. 364, § 3.
12 OK Stat § 12-1854 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1854. Date of applicability.

|A. The Uniform Arbitration Act governs an agreement to arbitrate made on or after January 1, 2006. |B. The Uniform Arbitration Act governs an agreement to arbitrate made before January 1, 2006, if all the parties to the agreement or to the arbitration proceeding so agree in a record.C. Beginning January 1, 2006, the Uniform Arbitration Act governs an agreement to arbitrate whenever made.Added by Laws 2005, c. 364, § 4, emerg. eff. June 6, 2005.
12 OK Stat § 12-1855 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1855. Waivers.

|A. Except as otherwise provided in subsections B, C and D of this section and subject to the public policy of this state as expressed in the Uniform Arbitration Act, including Section 1880 of this title, and in the laws of this state outside of this act, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of the Uniform Arbitration Act to the extent permitted by law. |B. Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:1. Waive or agree to vary the effect of the requirements of subsection A of Section 1856, subsection A of Section 1857, Section 1859, subsection A or B of Section 1868, Section 1877 or Section 1879 of this title;2. Agree to unreasonably restrict the right under Section 1860 of this title to notice of the initiation of an arbitration proceeding;3. Agree to unreasonably restrict the right under Section 1863 of this title to disclosure of any facts by a neutral arbitrator; or4. Waive the right under Section 1867 of this title of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under the Uniform Arbitration Act, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.C. A party to an agreement to arbitrate or to an arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or subsection A or C of Section 1854, Section 1858, Section 1865, Section 1869, subsection D or E of Section 1871, Section 1873, 1874 or 1875, subsection A or B of Section 1876, or Section 1880 of this title.D. The Uniform Arbitration Act shall not apply to collective bargaining agreements and contracts which reference insurance, except for those contracts between insurance companies.Added by Laws 2005, c. 364, § 5. Amended by Laws 2008, c. 111, § 1, eff. Nov. 1, 2008.
12 OK Stat § 12-1856 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1856. Application.

|A. Except as otherwise provided in Section 28 of this act, an application for judicial relief under the Uniform Arbitration Act must be made by application and motion to the court and heard in the manner provided by law or rule of court for making and hearing motions. |B. Unless a civil action involving the agreement to arbitrate is pending, notice of an initial application and motion to the court under the Uniform Arbitration Act must be served in the manner provided by law for the service of a summons in the filing of a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases.Added by Laws 2005, c. 364, § 6.
12 OK Stat § 12-1857 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1857. Agreement.

|A. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. |B. If necessary, a court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.C. An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.D. If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.Added by Laws 2005, c. 364, § 7.
12 OK Stat § 12-1858 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1858. Court order of arbitration.

|A. On application and motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement: |1. If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and2. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate. The court may also tax costs against the party opposing the motion if the court concludes the opposition was not brought in good faith.B. On motion 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. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. The court may also tax costs against the party opposing the motion if the court concludes the opposition was not brought in good faith.C. If the court finds that there is no enforceable agreement, it may not, pursuant to subsection A or B of this section, order the parties to arbitrate.D. The court shall not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.E. If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in Section 28 of this act.F. If a party makes a motion 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.G. 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.Added by Laws 2005, c. 364, § 8.
12 OK Stat § 12-1859 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1859. Appointment of arbitrator.

|A. Before an arbitrator is appointed and is authorized and able to act, the court, upon application and motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action. |B. After an arbitrator is appointed and is authorized and able to act:1. The arbitrator may issue such further or revised orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and2. A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.C. A party does not waive a right of arbitration by making an application and motion under subsection A or B of this section.Added by Laws 2005, c. 364, § 9.
12 OK Stat § 12-1860 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1860. Initiation.

|A. A person initiates an arbitration proceeding by giving notice in a record to all the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe: |1. The general nature of the controversy; and2. The remedy and alleged damages sought.B. Unless a person objects for lack or insufficiency of notice under subsection C of Section 16 of this act not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice.Added by Laws 2005, c. 364, § 10.
12 OK Stat § 12-1861 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1861. Consolidation of separate proceedings.

|A. Except as otherwise provided in subsection C of this section, upon application and motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if: |1. There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;2. The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;3. The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and4. Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.B. The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.C. The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.Added by Laws 2005, c. 364, § 11.
12 OK Stat § 12-1862 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1862. Agreement to method.

|A. If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method. |B. An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party shall not serve as an arbitrator required by an agreement to be neutral.Added by Laws 2005, c. 364, § 12.
12 OK Stat § 12-1863 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1863. Disclosure of facts.

|A. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including but not limited to: |1. A financial or personal interest in the outcome of the arbitration proceeding; and2. An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another arbitrator.B. An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.C. If an arbitrator discloses a fact required by subsection A or B of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under paragraph 2 of subsection A of Section 24 of this act for vacating an award made by the arbitrator.D. If the arbitrator did not disclose a fact as required by subsection A or B of this section, upon timely objection by a party, the court under paragraph 2 of subsection A of Section 24 of this act may vacate an award.E. An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under paragraph 2 of subsection A of Section 24 of this act.F. If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to an application and motion to vacate an award on that ground under paragraph 2 of subsection A of Section 24 of this act.Added by Laws 2005, c. 364, § 13.
12 OK Stat § 12-1864 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1864. Multiple arbitrators.

|If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under subsection C of Section 16 of this act. |Added by Laws 2005, c. 364, § 14.
12 OK Stat § 12-1865 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1865. Immunity of arbitrator.

|A. An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. |B. The immunity afforded by this section supplements any immunity under other law.C. The failure of an arbitrator to make a disclosure required by Section 13 of this act shall not cause any loss of immunity under this action.D. In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection shall not apply:1. To the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or2. To a hearing on an application and motion to vacate an award under paragraph 1 or 2 of subsection A of Section 24 of this act if the movant establishes prima facie that a ground for vacating the award exists.E. If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection D of this section, and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorney fees and other reasonable expenses of litigation.Added by Laws 2005, c. 364, § 15.
12 OK Stat § 12-1866 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1866. Role of arbitrator.

|A. An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence, as well as ask questions of any witnesses during the proceedings. |B. An arbitrator may decide a request for summary disposition of a claim or particular issue:1. If all interested parties agree; or2. Upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.C. If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five (5) days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party’s appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator’s own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.D. At a hearing under subsection C of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.E. If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with Section 12 of this act to continue the proceeding and to resolve the controversy.Added by Laws 2005, c. 364, § 16.
12 OK Stat § 12-1867 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1867. Legal representation.

|A party to an arbitration proceeding may be represented by a lawyer. |Added by Laws 2005, c. 364, § 17.