Rule 13.090.Arbitrators

Current through August 1, 2026 · Last verified September 12, 2026

In one sentenceUTCR 13.090 requires an arbitrator to be an active Oregon State Bar licensee in good standing who has been admitted to a bar for at least five years, or a retired or senior judge, unless the parties stipulate to a nonlawyer arbitrator.

Full Text of Rule 13.090

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(1) Unless otherwise ordered or stipulated, an arbitrator must be an active attorney licensee in good standing of the Oregon State Bar, who has been admitted to any bar for a minimum of five years, or a retired or senior judge. The parties may stipulate to a nonlawyer arbitrator.

(2) An arbitrator who is not a retired or senior judge or stipulated nonlawyer arbitrator must be an active attorney licensee in good standing of the Oregon State Bar at the time of each appointment. During any period of suspension from the practice of law or in the event of disbarment, an arbitrator will be removed from the court’s list of arbitrators and may reapply when the attorney is reinstated or readmitted to the Bar.

(3) Arbitrators will conduct themselves in the manner prescribed by the Code of Judicial Conduct.

(4) As used in this rule, “attorney” does not include licensed paralegals.

End

Plain-English Summary

The baseline qualification combines a current license with experience. An arbitrator must be an active attorney licensee in good standing of the Oregon State Bar, and must have been admitted to any bar for a minimum of five years. Admission elsewhere counts toward the five years; the active Oregon license is separate. A retired or senior judge also qualifies. The rule opens both ends: the requirements apply unless otherwise ordered or stipulated, and the parties may stipulate to a nonlawyer arbitrator.

Good standing is measured at each appointment, not once at the start of a career. An arbitrator who is not a retired or senior judge or a stipulated nonlawyer must be an active licensee in good standing at the time of each appointment. During any suspension from practice, or in the event of disbarment, the arbitrator comes off the court's list and may reapply after reinstatement or readmission.

Conduct comes next. Arbitrators are to conduct themselves in the manner prescribed by the Code of Judicial Conduct, which is a judicial standard rather than a litigator's. The rule closes with a definition worth noting: as used in this rule, "attorney" does not include licensed paralegals.

Frequently Asked Questions

Who can serve as an arbitrator in a circuit court case?

An active attorney licensee in good standing of the Oregon State Bar who has been admitted to any bar for at least five years, or a retired or senior judge. The parties can also stipulate to someone who is not a lawyer, and the court can order otherwise.

Can a non-lawyer decide my case?

Only if the parties stipulate to it, or the court orders otherwise. The rule makes a nonlawyer arbitrator an opt-in, not a default.

What happens if an arbitrator is suspended from practice?

The arbitrator is removed from the court's list of arbitrators during any period of suspension, and the same applies on disbarment. The attorney may reapply once reinstated or readmitted to the Bar.

What conduct standard applies to arbitrators?

Arbitrators conduct themselves in the manner prescribed by the Code of Judicial Conduct. Other rules in the chapter sharpen that with specific limits on communication with the parties and their lawyers.

Can a licensed paralegal serve as the arbitrator?

Not as an "attorney" under this rule, which states that the word does not include licensed paralegals. The nonlawyer route by stipulation remains open to the parties.

Source & verification. The rule text is reproduced verbatim from the official Oregon Uniform Trial Court Rules (UTCR 13.090). Prescribed by the Chief Justice of the Oregon Supreme Court (UTCR 1.020). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

Also known as: UTCR 13.090who can be an arbitratorOregon State Bar arbitrator five yearsstipulate to nonlawyer arbitratorretired or senior judge arbitratorCode of Judicial Conduct arbitrator