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2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1803.1. Dispute Resolution Advisory Board.

There is hereby created a Dispute Resolution Advisory Board which shall consist of no more than fifteen (15) members appointed by the Supreme Court of the State of Oklahoma. The Advisory Board shall be composed of persons from state and local governments, business organizations, the academic community, the law enforcement field, the legal profession, the judiciary, the field of corrections which shall be represented by the Director of the Oklahoma Department of Corrections or his designee, retired citizen organizations, the district attorney profession, consumer organizations, social service agencies, and three (3) members at large. The term of office of each member shall be for one (1) year and end on June 30 of each year, but all members shall hold office until their successors are appointed and qualified. The Administrative Director of the Courts or his designee shall serve as a nonvoting, ex officio member of the Advisory Board.
The members of the Advisory Board shall receive no compensation for their services, but shall be entitled to any reimbursements to which they may otherwise be entitled from sources other than the Office of the Administrative Director of the Courts.
Added by Laws 1985, c. 260, § 2, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1804. Written consent to dispute resolution proceedings.

A. Prior to commencement of any dispute resolution proceedings, the disputing parties shall enter into a written consent which specifies the method by which the parties shall attempt to resolve the issues in dispute.
B. The written consent shall be in a form prescribed by the Administrative Director of the Courts and shall include the following:
1. The rights and obligations of all parties pursuant to the provisions of the Dispute Resolution Act; and
2. The confidentiality of the proceedings.
C. If the parties agree to have the resolution reduced to written form, a copy shall be provided to the parties.
Added by Laws 1983, c. 78, § 4, operative July 1, 1983.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1805. Confidentiality of proceedings - Disclosure - Civil liability - Waiver of privilege.

A. Any information received by a mediator or a person employed to assist a mediator, through files, reports, interviews, memoranda, case summaries, or notes and work products of the mediator, is privileged and confidential.
B. No part of the proceeding shall be considered a matter of public record.
C. Other than a mediator's report to the court, no mediator, initiating party, or responding party in a mediation proceeding shall be subject to administrative or judicial process requiring disclosure of any matters discussed or shall disclose any information obtained during any part of the mediation proceedings including but not limited to mediation scheduling, attendance, participation, or discussion of any proposed settlement agreement, items agreed upon or disputed, or the intent of the parties.
D. Each mediation session shall be informal. No adjudication sanction or penalty may be made or imposed by the mediator or the program.
E. No mediator, employee, or agent of a mediator shall be held liable for civil damages for any statement or decision made in the process of mediating or settling a dispute unless the action of such person was a result of gross negligence with malicious purpose or in a manner exhibiting willful disregard of the rights, safety, or property of any party to the mediation.
F. If a party who has participated in mediation brings an action for damages against a mediator arising out of mediation, for purposes of that action the privilege provided for in subsection A of this section shall be deemed to be waived as to the party bringing the action.
Added by Laws 1983, c. 78, § 5, operative July 1, 1983. Amended by Laws 2023, c. 324, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1806. Tolling statute of limitation.

During the period of the mediation, any applicable statute of limitation shall be tolled as to the participants. Such tolling shall commence on the date the parties agree in writing to participate in mediation and shall end on the date mediation is officially terminated by the mediator.
A defendant in a criminal action shall be deemed to have waived his right to a speedy trial during the period of time he is participating in a mediation proceeding.
Added by Laws 1983, c. 78, § 6, operative July 1, 1983.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1807. Definitions.

As used in Sections 3 through 9 of this act:
1. "Administrator" means any county, municipality, or agency of this state that administers a community dispute resolution center pursuant to the provisions of this act.
2. "Center" means a community-based facility which provides dispute resolution services consisting of conciliation, mediation, arbitration, facilitation, or other forms and techniques of dispute resolution.
3. "Director" means the Administrative Director of the Courts.
Added by Laws 1985, c. 260, § 3, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1808. Administration of programs.

A. Programs established pursuant to the provisions of Section 1803 of Title 12 of the Oklahoma Statutes shall be administered and supervised by the Director to ensure the stability and continuance of dispute resolution centers.
B. Every center shall be operated by an administrator and shall be established on the basis of community need as determined by the Director.
C. All centers shall be operated pursuant to a contract with the Director and shall comply with the provisions of the Dispute Resolution Act and the provisions of this act.
Added by Laws 1985, c. 260, § 4, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1809. Collection and disposition of court costs and fees.

A. To establish and maintain an alternative dispute resolution system, court costs in the amount of Seven Dollars ($7.00) shall be taxed, collected, and paid as other court costs in all civil cases.
The fee of an initiating or responding party shall be waived by the center upon receipt of an affidavit in forma pauperis executed under oath by such party.
B. The court costs and fees provided for in subsection A of this section, once collected, shall be transferred by the court clerk to the Director who shall deposit them in the Dispute Resolution System Revolving Fund referenced in Section 2 of this act.
Added by Laws 1985, c. 260, § 5, eff. Nov. 1, 1985. Amended by Laws 1991, c. 286, § 13, emerg. eff. May 29, 1991; Laws 1994, c. 225, § 1, eff. July 1, 1994; Laws 2004, c. 443, § 1, eff. July 1, 2004; Laws 2016, c. 362, § 1, eff. July 1, 2016; Laws 2019, c. 354, § 1, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1809.1. Dispute Resolution System Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Supreme Court to be designated the "Dispute Resolution System Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies collected pursuant to Section 1809 of Title 12 of the Oklahoma Statutes. All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended by the Supreme Court as necessary to perform the duties imposed upon the Supreme Court to administer the Dispute Resolution Act by law.
Added by Laws 2019, c. 354, § 2, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1810. Allocation of funds.

A. Monies in the Dispute Resolution System Revolving Fund shall be allocated by the Director to eligible centers for dispute resolution programs authorized pursuant to the provisions of this act.
B. 1. The Director shall determine the eligibility of a center for funding on the basis of an application submitted by the center.
2. The application for funding shall state:
a.
a description of the proposed community area of service;
b.
the cost of the principal components of operation;
c.
a description of available dispute resolution services and facilities within the defined geographic area;
d.
a description of the applicant's proposed program, by category and purpose, including evidence of community support, the present availability of resources, and the applicant's administrative capacity;
e.
a description of the efforts of cooperation between the applicant and the local human service and criminal justice agencies in dealing with program operations; and
f.
such additional information as may be required by the Director.
C. The provisions of this section shall not be construed to prohibit dispute resolution centers in existence prior to the effective date of this act from submitting an application for funding as provided for in subsection B of this section.
D. A center shall not be eligible for funds for dispute resolution programs unless it complies with the provisions of the Dispute Resolution Act, the provisions of this act, and the rules and regulations promulgated by the Director.
E. Each center funded pursuant to the provisions of this section, annually, shall provide the Director with a written report containing statistical data regarding operational expenses, the number of referrals, the category or types of cases referred, the number of parties serviced, the number of disputes resolved, the nature of resolution, amount and types of awards, the rate of compliance, and such other data as may be required by the Director.
Added by Laws 1985, c. 260, § 6, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1811. Disbursement of funds - Method of reimbursement.

Upon the approval of an application by the Director and at his direction, monies in the Dispute Resolution System Revolving Fund shall be disbursed to a center for operational costs of approved center programs. The method of reimbursement for dispute resolution program costs shall be specified by the Director pursuant to rules and regulations.
Added by Laws 1985, c. 260, § 7, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1812. Director - Powers and duties.

A. The Director shall have such power as is necessary to implement the provisions of this act.
B. The Director shall promulgate rules and regulations to effectuate the purposes of this act, which shall include provisions for periodic monitoring and evaluation of center programs.
C. The Director may have such additional personnel as is necessary to implement the provisions of this act.
Added by Laws 1985, c. 260, § 8, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1823. Referral to mediation.

Any district court, by agreement of the parties, may refer any civil case, including any domestic relations case, or any portion thereof for mediation. A referral to mediation may be made at any time while a civil case is pending. The order of referral to mediation shall be entered on a standard form consistent with the form provided in subsection D of Section 5 of this act.
Added by Laws 1998, c. 321, § 3, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1824. Provisions applying to court-ordered mediation.

The following provisions shall apply to any mediation ordered by a court pursuant to Section 3 of this act:
1. Mediation shall be a process in which an impartial person, the mediator, facilitates communication between disputing parties to promote understanding, reconciliation, and settlement. Participants shall include the mediator, the parties, interested non-parties or their representatives, and all others present. The mediator may meet with participants together or individually;
2. The mediator shall be an advocate for settlement and use the mediation process to help the parties fully explore any potential areas of agreement. The mediator shall not serve as a judge and shall not have authority to render any decisions on any disputed issues or to force a settlement between the parties;
3. The parties shall be responsible for negotiating any resolution to a dispute. Parties shall participate in mediation in good faith, and put forth their best efforts with the intention to settle all issues if possible. If the parties are unable to settle all issues, they shall attempt to settle as many issues as possible;
4. No person with any financial or personal interest in the result of mediation may serve as a mediator. Prior to agreeing to mediate a dispute, the mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt meeting with the parties;
5. Mediation sessions shall be private. Persons other than the parties and interested non-parties and their representatives may attend only with the consent of the parties, interested non-parties, and the mediator;
6. Any communication relating to the subject matter of the dispute made during the mediation process by a participant or any other person present at the mediation shall be a confidential communication. No admission, representation, statement, or other confidential communication made in setting up or in conducting the mediation shall be admissible as evidence or subject to discovery, except that, no fact independently discoverable shall be nondiscoverable solely by virtue of having been disclosed in such confidential communication. There shall be no stenographic or electronic record, including audio or video, of the mediation process unless it is agreed upon by the parties, interested non-parties, and the mediator, and it is not otherwise prohibited by law. No participant in the mediation proceeding, including the mediator, shall be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the mediation proceeding; and
7. No subpoena, summons, complaint, petition, citation, or other process of any kind may be served upon any person who is at or near the site of any mediation session and is there because of the mediation.
Added by Laws 1998, c. 321, § 4, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1831. Short title - Purpose.

A. Sections 11 through 20 of this act shall be known as the “Choice in Mediation Act”.
B. The Legislature has previously enacted measures designed to create programs for and encourage the use of mediation in resolving disputes involving citizens of this state. These measures provide guidelines and standards for qualifications of mediators and their use in resolving disputes. Over the years since the first of these measures was enacted, there has developed a significant number of trained and experienced mediators, some of whom work solely in volunteer programs under the Dispute Resolution Act and some of whom provide mediation services on a “for fee” basis, either solely or in addition to volunteer work. The power of the parties to a dispute to settle their own dispute with the help of a neutral person being the essence of mediation, there now exists a need to clarify the choice available to disputants to select a mediator.
Added by Laws 2002, c. 468, § 11, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1832. Mediation as an alternative dispute resolution process or on an ad hoc basis.

Any county, municipality, accredited law school, school district, board, commission, department, or agency of this state or its political subdivisions is hereby authorized to establish programs for the purpose of providing mediation as an alternative dispute resolution process or for referring disputes to mediation on an ad hoc basis. For the purposes of the Choice in Mediation Act, “mediation” means a process in which an impartial person, the mediator, facilitates communication between disputing parties to promote settlement of disputes, whether before or in the process of litigation or administrative proceedings.
Added by Laws 2002, c. 468, § 12, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1833. Options to operating a mediation program or referring matters exclusively to mediators or programs qualified under the Dispute Resolution Act.

Nothing in the Choice in Mediation Act shall require any such county, municipality, accredited law school, school district, board, commission, department, or agency of this state or its political subdivisions to operate a mediation program under the auspices of the Dispute Resolution Act or to refer matters for mediation exclusively to mediators or programs qualified under the Dispute Resolution Act. Instead, any such entity may elect to do one or more of the following:
1. Utilize mediators certified under the Dispute Resolution Act or qualified under the District Court Mediation Act;
2. Specify required training in addition to that required for certification under the Dispute Resolution Act or qualification under the District Court Mediation Act in order to receive referrals or disputes for mediation;
3. Maintain a list of qualified mediators to whom it may refer disputes for mediation;
4. Contract with the Administrative Office of the Courts to provide training for a fee for mediators to whom it may refer disputes for mediation;
5. Refer disputes to a center under the Dispute Resolution Act to be mediated under the rules and procedures applicable to such center;
6. Elect to be treated as a center for all purposes under the Dispute Resolution Act and make appropriate application pursuant to the Dispute Resolution Act;
7. Contract with another public agency providing mediation services under the Choice in Mediation Act or with a private individual, company, or organization, whether for-profit or not-for-profit, to provide mediators or mediation training or both, so long as the contracting entity requires certification of mediators under the Dispute Resolution Act, or qualification of mediators under the District Court Mediation Act, if applicable; or
8. Utilize a mediator of the parties’ choice.
Added by Laws 2002, c. 468, § 13, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1835. Disclosure regarding the mediator.

Any program for mediation under the Choice in Mediation Act shall make provision for disclosure to the parties of the background, qualifications, experience, and actual or potential conflicts of interest of the mediator, sufficient to permit the parties to participate in the choice of a mediator for their dispute and to determine that the mediator selected is qualified and neutral.
Added by Laws 2002, c. 468, § 15, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1836. Procedures – Confidentiality and impartiality.

Any program for mediation under the Choice in Mediation Act shall adopt appropriate procedures for the conduct of mediation under the program, to ensure confidentiality of proceedings and impartiality of the mediator and to encourage participation in good faith by the disputing parties. The program may comply with this provision by adopting the provisions in Section 1824 of Title 12 of the Oklahoma Statutes or by becoming a center under the Dispute Resolution Act and complying with the procedures of the Dispute Resolution Act.
Added by Laws 2002, c. 468, § 16, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1837. Feedback on process or mediator – Due process prior to removal or decertification of mediator.

Any program for mediation under the Choice in Mediation Act shall make provision for a procedure whereby parties to a dispute or the administrator of the program may make complaints about the mediation process and/or the conduct of the mediator. Any such procedure shall include due process prior to removal of a mediator from a list of qualified mediators or “decertification” of a mediator.
Added by Laws 2002, c. 468, § 17, eff. Nov. 1, 2002.
2023 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.
2023 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.
2023 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.
2023 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; and
6. “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.
2023 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.
2023 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.
2023 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; or
4. 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.
2023 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.
2023 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.
2023 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; and
2. 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.
2023 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; and
2. 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.
2023 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; and
2. 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.
2023 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; and
4. 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.
2023 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.
2023 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; and
2. 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.
2023 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; or
2. 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.
2023 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; or
2. 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.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1868. Subpoena.

A. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon application and motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action. A witness may be allowed to appear telephonically or by any other available means that allows contemporaneous cross-examination.
B. In order to make the proceedings fair, expeditious, and cost-effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.
C. An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost-effective.
D. If an arbitrator permits discovery under subsection C of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator’s discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.
E. An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.
F. All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.
G. The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost-effective. A subpoena or discovery-related order issued by an arbitrator in another state must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.
Added by Laws 2005, c. 364, § 18.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1869. Preaward ruling.

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under Section 20 of this act. A prevailing party may make an application and motion to the court for an expedited order to confirm the award under Section 23 of this act, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under Section 24 or 25 of this act.
Added by Laws 2005, c. 364, § 19.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1870. Record of award.

A. An arbitrator shall make a record of an award. The award may, or may not, contain the evidence and conclusion upon which the award was based unless the agreement of the parties specifies the type of award to be issued. The record shall be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
B. An award shall be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
Added by Laws 2005, c. 364, § 20, eff. Jan. 1, 2006. Amended by Laws 2009, c. 295, § 1, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1871. Modification of award.

A. On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:
1. Upon a ground stated in paragraph 1 or 3 of subsection A of Section 25 of this act;
2. Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
3. To clarify the award.
B. A motion under subsection A of this section must be made and notice given to all parties within twenty (20) days after the movant receives notice of the award.
C. A party to the arbitration proceeding must give notice of any objection to the motion within ten (10) days after receipt of the notice.
D. If a motion to the court is pending under Section 23, 24 or 25 of this act, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
1. Upon a ground stated in paragraph 1 or 3 of subsection A of Section 25 of this act;
2. Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
3. To clarify the award.
E. An award modified or corrected pursuant to this section is subject to the provisions of subsection A of Section 20 of this act and Sections 23, 24 and 25 of this act.
Added by Laws 2005, c. 364, § 21.