Rule 13.135 - Payment of Arbitrator's Fee(1) The term "preliminary payment" as used in UTCR 13.120 shall be defined as the full amount of the arbitration fee then in effect as established by the Arbitration Commission.(2) In the event a party does not pay its pro-rata share of the arbitrator's "preliminary payment" or obtain a waiver or deferral for payment under ORS 36.420(3), the arbitrator may in addition to precluding that party's appearance or participation in the arbitration proceeding in cases subject to ORS 36.400(4); (a) Immediately enter an arbitration award in favor of a party who has paid the party's respective pro-rata share;(b) Enter an award dismissing the case for want of payment;(c) Enter such other award and take such other action as may be just and equitable under the circumstances.(3) In the event one party pays its pro-rata share of the preliminary payment and the other party does not, the arbitrator shall be entitled to retain all payments received by the arbitrator in order to fully compensate the arbitrator for the arbitrator's time involved in making an award or otherwise disposing of the case.(4) Any dispute regarding any action taken by the arbitrator to enforce or implement UTCR 13.120(1), (2), or this supplemental local rule shall be resolved by the court in a summary manner, after affording the parties and the arbitrator an opportunity to be heard. No such action by the arbitrator shall be reversed or modified by the court unless it is established that the arbitrator has failed to follow these rules or acted in an arbitrary and capricious manner.Lincoln Supp. L. R. 13.135
Amended effective 2/1/2024.