Oregon Revised Statutes Chapter 31 § 31.250 — Mandatory dispute resolution for certain actions against health practitioners

Mandatory dispute resolution for certain actions against health practitioners and health care facilities. (1) In any action described in subsection (6) of this section, all parties to the action and their attorneys must participate in some form of dispute resolution within 270 days after the action is filed unless: (a) The action is settled or otherwise resolved within 270 days after the action is filed; or (b) All parties to the action agree in writing to waive dispute resolution under this section. (2) Dispute resolution under this section may consist of arbitration, mediation or a judicial settlement conference. (3) Within 270 days after filing an action described in subsection (6) of this section, the parties or their attorneys must file a certificate indicating that the parties and attorneys have complied with the requirements of this section. (4) The court may impose appropriate sanctions against any party or attorney who: (a) Fails to attend an arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section; (b) Fails to act in good faith in any arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section; (c) Fails to timely submit any documents required for an arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section; or (d) Fails to have a person with authority to approve a resolution of the action available at the time of any arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section, unless the party or attorney receives from the court, before the hearing, session or conference commences, an exemption from the requirements of this paragraph. (5) This section does not apply to parties to an action described in subsection (6) of this section that have participated in a discussion and mediation under ORS 31.264 and 31.268. (6) The provisions of this section apply to any action in which a claim for damages is made against a health practitioner, as described in ORS 31.740, or against a health care facility, as defined in ORS 442.015, based on negligence, unauthorized rendering of health care or product liability under ORS 30.900 to 30.920. [2003 c.598 §54; 2013 c.5 §§13,14; 2021 c.271 §3]