Rule 13.130.Restrictions on Communication Between Arbitrator, Parties, and Attorneys
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.130
Plain-English Summary
The rule sets restrictions aimed at keeping the arbitrator's view of the case clean. The first is about settlement: unless all parties agree otherwise, no offers or settlement made by any party may be disclosed to the arbitrator before the award is announced. The second is about contact: neither an attorney nor a party may communicate with the arbitrator regarding the merits of the case except in the presence of, or on reasonable notice to, all other parties.
Notice is an alternative to presence, which is what makes the rule workable. You do not always need everyone on the line, but you do need everyone told, with enough warning to participate. The restriction is written around the merits of the case, so routine scheduling contact is not what the rule targets, though copying every party on anything sent to the arbitrator costs nothing and removes the question.
The rule then imports the profession's standards wholesale. Except for Rules 1, 4.1 to 4.3, 4.5 to 4.10, and 5 of the Code of Judicial Conduct, all rules of professional conduct concerning bench and bar apply in the arbitration process. An arbitration hearing is informal in procedure, not in ethics.
Frequently Asked Questions
Can I tell the arbitrator about our settlement offers?
Not before the award is announced, unless all parties agree otherwise. The restriction covers any offers or settlement made by any party, and it runs until the award comes out.
Can I call the arbitrator about my case?
Not about the merits, unless the other parties are present or have been given reasonable notice. The rule applies to parties and attorneys alike.
Do the professional conduct rules apply in arbitration?
Yes. All rules of professional conduct concerning bench and bar apply in the arbitration process, with a set of Code of Judicial Conduct rules carved out: Rules 1, 4.1 to 4.3, 4.5 to 4.10, and 5.
What if the other side contacts the arbitrator without telling me?
That contact is what the rule forbids when it concerns the merits. Raise it with the arbitrator and ask what was said. The professional conduct rules the chapter imports apply to the lawyer who made the contact.
Does this rule stop us from negotiating?
No. It governs what reaches the arbitrator, not whether you talk to each other. The chapter separately confirms that a case in arbitration can still go to a court pretrial settlement conference.