UTCR 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 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).