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Arbitration & Mediation

If you're involved in a legal case in Columbia County, you might be able to resolve it without going to trial.  Two common ways to do this are arbitration and mediation.  

  • Arbitration is a process where a trained, neutral person (called an arbitrator) listens to both sides and makes a decision.  It is often used in civil and family law cases when the amount of money involved is under $50,000 or when the only issue is dividing property. 

  • Mediation is a way for people to work out their disagreement with the help of a neutral person (called a mediator).  The mediator does not make decisions but helps both sides talk and try to reach an agreement. 
These options can be faster, less expensive, and less stressful than going to court.  This page explains how each process works, when they are used, and what to expect.  

What is Arbitration?​

​Arbitration is a way to settle legal disputes without going to trial.  Instead of a judge, a trained neutral person called an arbitrator listens to both sides and makes a decision.  

The process is similar to a court trial:

  • ​The arbitrator can make rulings, decide the order of witnesses, and manage the hearing. 
  • Both sides can present evidence and ask questions.
  • After the hearing, the arbitrator decides who wins and what the outcome will be. 

 ​​What Types of Cases Go to Arbitration?​

​ Some cases are required by law to go through arbitration instead of a full trial. These include:
  • Civil cases where the amount of the money involved is less than $50,000.
  • Family law cases​ where the only issue is how to divide property between the parties.  ​
These rules follow Oregon Law (ORS 36.400 - 36.425 (Webpage)​) and the Uniform Trial Court Rules (Chapter 13​ (Webpage)).​

 ​​​Can I Be Excused from Ar​​bitration?

In some situations, you may be able to ask the court to exempt your case from mandatory arbitration.  This is called a motion for exemption.  You​'ll need to complete the Remove Case from Arbitration (PDF) paperwork and explain why your case should not go through arbitration, then, the judge will make a decision. ​​​

Once the court decides your case qualifies for arbitration, here's what happens next:

  1.  Parties Choose an Arbitrator
    • ​The court will send both sides a list of approved arbitrators
    • You have 14 days to agree on one. 
    • If you don't agree, the court will choose for you. 
    • You can also agree to use a different arbitrator if boths sides agree. 

  2. ​  A Hearing Is Scheduled
    • ​After the arbitrator is assigned, they will:
      • Set the date, time, and location of the hearing.
      • Give both sides reasonable notice.
      • Notify the court of the hearing date and any changes. 
    • The hearing must happen between 14 and 49 days after the arbitrator is assigned, unless there's a good reason to delay. 

  3.  You Pay the Arbitrator
    • ​Both sides must pay a fee to the arbitrator.
    • The fee amount is set by the Court's Arbitration Commission. 

  4.  The Hearing Is Held
    • ​​The hearing is less formal than a trial, but still follows legal rules.  
    • Witnesses must take an oath before speaking. 
    • Both sides (or their lawyers) can: 
      • ​Ask questions
      • Present evidence
    • The arbitrator can also ask questions or request more information after the hearing. 

  5. ​ ​ The Arbitrator Makes a Decision
    • ​The arbitrator must make a decision within 14 or 21 days after the hearing. 

  6.   If You Don't Agree with the Decision
    • ​You can ask for a new trial (called a trial de novo) within 20 days.​
    • A judge or jury will hear the case again, without knowing what the arbitrator decided. 
    • If you don't get a better result at the new trial, you may have to pay the other side's share of the arbitration fees. ​

​ Who Are the Arbitrators?​

​Arbitrators are approved by the court.  They apply to be on the court's list and must meet certain qualifications.

 ​Need More Information?

Call the court at 503-397-2327 or email us at Columbia.Civil@ojd.state.or.us - we're happy to help. ​ ​

​What is Mediation?

Mediation is a way to solve disagreements without going to court.  A mediator is a neutral person who helps both sides talk through the problem and find a solution. 

  • The mediator does not take sides.
  • The mediator does not give legal advice​ or make decisions
  • You and the other party make the final decision together. 

​ ​ When is Mediation Required?

​In Columbia County any family law case involving a disagreement about custody, visitation or parenting time and small claims are required to go through mediation.

​​ ​​What Are the Benefits of Mediation?

​
  • You stay in control of the outcome - not a judge. 
  • It's private and less formal than court. 
  • It's often faster and less expensive than going to trial. 
  • People are more likely to follow an agreement they helped create. 
  • You can be more flexible and creative in finding a solution. 
  • Many people feel more satisfied​ with the results of mediation than with a court ruling. ​

​​​When Mediation is Required​

If your case involves child custody, parenting time, or visitation, you must go through mediation before having a court hearing.  This is called mandatory mediation.  ​ 

​Mediation helps parents work together to make decisions about their children.  When parents create their own agreement, they are more likely to follow it and cooperate in the future. ​

​ ​ ​How Family Law Mediation Works in Columbia County​

​
  1. Before mediation happens:
    • ​You must watch a short orientation video online. 
    • The video explains how mediation works and what to expect. 
    • You must watch it by 5:00 PMon the date listed in your mediation notice. 
    • ​You can watch the Domestic Relations Mediation video on our Video webpage​.​​​

  2. Parties Choose a Mediator
    • You will get a list of court-approved mediators.
    • You and the other party have 14 days to agree on one. 
    • If you can't agree, the court will choose a mediator for you and send you a notice. ​

  3. ​Attend Mediation
    • ​One orientation session
    • Up to eight hours of mediation with the mediator. 

  4. Take the Required Parenting Class​

  5. Before mediation and your first court hearing, you must compolete the Education for Divorcing Parents Class. This class helps parents:

    • ​Understand how separation affects children.
    • Learn how to co-parent in a healthy, supportvie way. 
  • ​

  • You'll recieve instructions and a notice about how to take the class or you can find the approved class on the Parent Education Webpage​.​

​  ​Need More Information?

If you have questions or need help, you can:

Mediation Is Required

If you file a small claims case in Columbia County, you must go to mediation​ before your case can move forward in court. 

  • The court will send you a letter with the date and time for your mediation session. 
  • If the other party has filed a counterclaim​, it will be handled at the same time. ​

 ​Mediation Notice Requirement

If you are starting a small claims case:

  • You must give the other party a Required Mediation Notice along with your claim. 
  • This notice explains taht mediation is mandatory. 
  • You can find the notice form on this page under the section titled "Required Mediation Notice (ORS 36.185)"​.​

​​  ​Need More Information?

If you have questions or need help, you can:

​ ​Who Can Be a Court-Connected Mediator?

To become a court-connected mediator in Oregon, you must meet the qualifications listed in Chapter 12 of the Uniform Trial Court Rules (Webpage)​.  These rules replaced the older Chief Justice Order (CJO) 05-028 as of August 1, 2022.​

​ ​You can find the full guidelines on the Oregon Judicial Department's Rule Center (Webpage)​.​​​

​ How to Apply

Each court has its own appplication process.  In Columbia County, you can apply to be a:

Make sure to follow all instructions and include any required training certificates or experience documentation.