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UTCR 13.120 — COMPENSATION OF ARBITRATOR

2026 Uniform Trial Court Rules — Chapter 13 · physical PDF page 4–5 · 2026

13.120 COMPENSATION OF ARBITRATOR
(1) The arbitration commission shall establish a compensation schedule for arbitrators.
If the arbitrator suggests that extraordinary conditions justify a different fee, and
the parties concur, the fee may be adjusted accordingly.  If the parties, or any of
them, do not concur, the arbitrator shall direct an inquiry to the court for
determination of the appropriate fee.
(2) Within 14 days of the appointment of the arbitrator, each party must tender to the
arbitrator a pro rata share of the preliminary payment for the arbitrator.  Any
deposit in excess of the arbitrator’s actual fee will be refunded to the parties.
Regardless of whether the arbitration hearing is conducted, the parties must pay a
2026 UTCR 13.5
proportionate share of the arbitrator’s fee.  The arbitrator must submit to each party
an itemized statement.
(3) Relief from the payment of arbitration fees, in whole or in part, as provided for in
ORS 36.420(3) must be applied for immediately upon a case or a small claim
becoming eligible for arbitration.  The court will provide the arbitrator with a copy of
any order waiving or deferring all or any part of the fees.
(4) If a party fails to tender to the arbitrator the party’s pro rata share of the preliminary
payment under subsection (2) of this rule and fails to obtain a waiver or deferral of
arbitration fees under subsection (3) of this rule, the arbitrator may preclude the
party from appearing or participating in the arbitration.  The failure of a party to
appear or participate in the arbitration proceeding by reason of failing to pay the
arbitrator fee or obtain a waiver or deferral of the fee does not affect the ability of
the party to appeal the arbitrator’s decision and award in the manner provided by
ORS 36.425.
(5) Any dispute as to the amount of the arbitrator’s fee must be submitted to the court.
(6) The arbitrator’s fee may be considered a recoverable item of costs.
(7) At the conclusion of the arbitration process, the court may enter a judgment in the
arbitrator’s favor and against any party who has not paid the arbitrator’s fee in
accordance with the schedule established under paragraph (1).

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Captured 2026-10-18T22:31:14.543022+00:00 · Published 2026 chapter effective 2026-08-01; apply with separately indexed amending Chief Justice Orders

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