In accordance with ORS 36.400 to 36.425, UTCR Chapter 13 and SLR 13.005 to 13.055 , all civil matters involving less than $50,000 shall be referred to mandatory arbitration. This also applies to dissolution of marriage cases where the value of the marital property is less than $50,000.
If a case is referred to arbitration, the court clerk will send to the parties the names of five (5) arbitrators.
From the date of referral, the parties have 21 days to select an arbitrator and agree on a hearing date with the arbitrator.
Plaintiff or plaintiff’s counsel shall contact the defendant or defendant’s counsel to select an arbitrator and notify the court of the arbitrator selected.
If an agreement cannot be reached on the selection of an arbitrator:
- plaintiff or plaintiff’s counsel shall notify the arbitration clerk within 2 judicial days following the time period to select the arbitrator.
- before notifying the arbitration clerk, each party may strike up to two proposed arbitrators from the list;
- upon notice, or if the time elapses without notice, the arbitration clerk will then select, by lot, one of the remaining arbitrators from the original list of five;
- the arbitration clerk shall notify the parties and arbitrator.
If there are multiple adverse parties, two (2) additional proposed arbitrators will be added to the list for each adverse party separately represented by an attorney or appearing pro se.
Arbitration Hearing Date
Once the arbitrator is selected a Notice of Appointment of Arbitrator is sent to the selected arbitrator. The arbitrator must contact the court within 10 days to set a hearing. The arbitration hearing must be held within 49 days unless the court grants a motion to extend the 49 day rule.
- If the claim or counter claim is $10,000 or less each party pays $150.
Total fee of $300 paid directly to the Arbitrator.
- If the claim or counter claim is over $10,000 but under $50,000 each party pays $250.
Total fee of $500 paid directly to the Arbitrator.
To view additional Arbitration fees click here – Mandatory Arbitration Fees
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Pursuant SLR 13.048 Indigent Parties must seek waiver of arbitrator’s fee within 14 days from he date case is transferred to arbitration. The request must be submitted by motion and order, supported by an affidavit, and presented to the Presiding Judge for approval.
In the event funds are available under ORS 36.420 for the payment of fees that are waived, the arbitrator shall be reimbursed after completion of the arbitration, filing of the Arbitration Award, and submission of the form approved by the State Court Administrator for such purpose.
Referring Cases to Arbitration
Cases subject to arbitration will be referred to arbitration as follows:
- within 20 days of the date on which the defendant appears.
- at any time as specifically directed by the judge to whom the case is assigned, or by the Presiding Judge.