Lee v. American Family Mutual Insurance Co.

Plaintiff appeals from a judgment entered following judicial review of an arbitration award. The dispute before us arises out of the “court-annexed arbitration” process, under which the circuit courts are required to refer certain cases to an arbitrator, whose decision becomes final and not appealable unless a party files a timely request for trial de novo in the circuit court. See ORS 36.400 to 36.425. The question is whether a party who files a request for a trial de novo under ORS 36.425(2) may also challenge the arbitrator’s decision regarding an award of attorney fees or whether the…