Rule 13.120.Compensation of Arbitrator

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

In one sentenceUTCR 13.120 puts arbitrator compensation on a schedule the arbitration commission establishes, makes each party tender a pro rata share of the preliminary payment within 14 days of appointment, and covers waivers, refunds, fee disputes, and nonpayment.

Full Text of Rule 13.120

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(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 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).

End

Plain-English Summary

The arbitration commission sets the compensation schedule. If the arbitrator believes extraordinary conditions justify a different fee and the parties concur, the fee may be adjusted. If any party does not concur, the arbitrator directs an inquiry to the court, which determines the appropriate fee. The arbitrator does not set the price alone.

Payment comes early. Within 14 days of the arbitrator's appointment, each party must tender a pro rata share of the preliminary payment. Any deposit above the arbitrator's actual fee is refunded. The parties must pay a proportionate share whether or not the hearing is conducted, so a case that settles on the eve of the hearing does not erase the obligation. The arbitrator must give each party an itemized statement.

Relief from the fees under ORS 36.420(3) has its own timing: apply immediately upon a case or a small claim becoming eligible for arbitration. The court provides the arbitrator with a copy of any order waiving or deferring all or part of the fees. A party who neither pays the pro rata share nor obtains a waiver or deferral can be precluded by the arbitrator from appearing or participating in the arbitration. That preclusion does not cost the party its appeal: failing to appear for nonpayment does not affect the ability to appeal the arbitrator's decision and award in the manner ORS 36.425 provides.

The rule ends with housekeeping. Any dispute over the amount of the fee is submitted to the court. The fee may be treated as a recoverable item of costs. And at the conclusion of the arbitration, the court may enter a judgment in the arbitrator's favor against a party who has not paid under the schedule.

Frequently Asked Questions

Who decides what the arbitrator charges?

The arbitration commission establishes the compensation schedule. An arbitrator who thinks extraordinary conditions justify a different fee can propose an adjustment, but it takes the parties' agreement, and without it the question goes to the court.

When do I have to pay my share?

Within 14 days of the arbitrator's appointment, each party tenders a pro rata share of the preliminary payment directly to the arbitrator.

What if I cannot afford the arbitration fee?

Relief from payment, in whole or in part, is available under ORS 36.420(3), and the rule says to apply immediately once the case or small claim becomes eligible for arbitration. The court sends the arbitrator a copy of any order waiving or deferring the fees.

What happens to a party who does not pay?

The arbitrator may preclude that party from appearing or participating in the arbitration, if the party also failed to obtain a waiver or deferral. The party keeps the right to appeal the decision and award in the manner ORS 36.425 provides, and at the end of the case the court may enter a judgment for the arbitrator against a party who has not paid.

Do we still owe the fee if the case settles before the hearing?

Yes. The rule requires the parties to pay a proportionate share regardless of whether the arbitration hearing is conducted. Any deposit in excess of the arbitrator's actual fee is refunded.

Source & verification. The rule text is reproduced verbatim from the official Oregon Uniform Trial Court Rules (UTCR 13.120). 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 13.120arbitrator feearbitration fee waiver ORS 36.420pro rata preliminary payment arbitratordispute arbitrator feearbitrator fee recoverable cost