Rule 13.121 - ARBITRATOR FEE(1) Standard Fee Amount. Effective for cases filed on or after January 1, 2019, the Washington County Arbitration Commission has established that the maximum hourly arbitrator fee is $175.00, and the maximum total arbitrator fee is $2,100.00. The arbitrator fee shall be divided among the parties as directed by the arbitrator. If the arbitrator does not provide any direction regarding division of the arbitration fee, it will be divided equally between all the appearing parties.(2) Timing of Payment. Within 30 days of the case being assigned to an arbitrator, each party must pay to the arbitrator their percentage share of the maximum total arbitrator fee. If the full amount of the maximum total arbitration fee is not incurred in the case, the arbitrator will refund to the parties any excess amount paid within 30 days of completion of the arbitration hearing. These payment rules do not apply to a party that receives a deferral or waiver of the arbitrator fee under subsection (3) of this rule or if the arbitrator and the parties agree in writing to different payment terms.(3) Deferral/Waiver of Fees. Indigent parties may apply for a deferral or waiver of the arbitration fee under ORS 36.420. Applications are available online at https://www.courts.oregon.gov/forms/Documents/EntirePacket10.pdf and at the court's civil filing counter. Applications must be submitted to the court within 10 days of the party receiving notice that the case was assigned to arbitration. A party who receives a deferral or waiver of the arbitration fee must provide a copy of the court's order to the arbitrator. If the court grants a deferral or waiver of the arbitration fee, the court will pay the arbitrator the amount of fees that were deferred or waived after (1) the final arbitration award is filed, and (2) the arbitrator files a request for payment stating the total hours of time spent, the total arbitration fee, and the indigent party's share of the total fee.
(4) Fee Disputes. If a party objects to the amount of the arbitrator's fee after receiving the arbitrator's itemized statement required by UTCR 13.120(2), the objecting party must file a motion asking the court to determine the reasonable fee amount. The arbitrator must file any response within seven days of receiving the motion. The motion may be resolved by the court without a hearing.(5) Penalty for Non-Payment. The arbitrator must report to the court if a party does not pay its share of the arbitration fee as required under UTCR 13.110(2) and subsection (2) of this rule. A party that has not paid the arbitration fee as required under subsection (2) of this rule, or received a deferral or waiver of payment, may be sanctioned by the arbitrator under UTCR 13.110(4) and by the court under UTCR 1.090.Amended effective 2/1/2024.