Yes! By replying STOP to any text message, this will stop the messages from coming to your phone.
ODR is electronic communication over cell phones, computers, tablets, or another electronic device.
Oregon attorneys and a client, Oregon clients with out-of-state attorneys; or Attorneys who are members of the Oregon State Bar. All attorneys must be active members of the Oregon State Bar in order to participate in the program.
Either the lawyer or the client may request fee mediation or fee arbitration by submitting a petition and electronically signed mediation and or arbitration agreement online through the Online Fee Dispute Resolution link on the OSB website. The petition must be submitted and electronically signed by one of the parties to the dispute within 6 years of the completion of the legal services involved in the dispute.
The person requesting the fee mediation or fee arbitration electronically files a “Fee Dispute Resolution Program Petition” and signs an “Agreement to Arbitrate” or an “Agreement to Mediate”. The “Fee Dispute Resolution Program Petition” is a statement of the amount in dispute and an explanation of the nature of the dispute. The “Agreement to Arbitrate” or “Agreement to Mediate” is the parties’ agreement to abide by the arbitrator’s decision or the settlement reached by the parties in a mediation.
No, use of ODR is optional.
Yes, there is a $35 filing fee due from Petitioner once a Respondent agrees to participate in fee mediation and/or fee arbitration.
Yes, you do. If you do not have an email account, free accounts are available at:
ODR works on any mobile device that can access the internet, so if you do not have a computer, it is possible to complete the process from your mobile device. Computers with internet access are usually available at your local public library.
Any fee dispute involving an Oregon attorney and a client, an Oregon client with an out–of-state attorney; or attorneys who are members of the Oregon State Bar.
There are two exceptions, the Bar may decline disputes involving $250 or less and the Bar may not over rule an order or judgment signed by the court awarding attorney fees.
No, you do not need a lawyer to participate in ODR. If you have a lawyer, the lawyer can participate in ODR for you or with you, whichever you choose.
Once you have accessed the ODR platform and agreed to participate, follow the prompts on the screen to make offers to and receive offers from the other party.
Both parties must voluntarily agree to use ODR. If the other party does not agree to use ODR, the case will be closed. The Oregon State Bar cannot provide legal advice about how to proceed with a fee dispute after a party declines to participate.
Yes, ODR is voluntary and you can choose to opt out of participation at every stage.
No. Fee arbitration and mediation are voluntary. Both sides must agree to participate.
You may exercise your options available under law. If you have questions about your options, you should consult an attorney for advice.
The Fee Dispute Program Administrator, upon notice of one party not wanting to continue with the arbitration or mediation, shall dismiss the case. However, the Agreement to Arbitrate is a contract. If one party refuses to arbitrate after signing the Agreement to Arbitrate, the other party may seek a judicial order compelling the arbitration, pursuant to ORS Chapter 36.625. There is no refund of the filing fee even if all parties agree to cancel the arbitration.
Mediation is confidential. Records of the mediation will not be disclosed to anyone except with the agreement of all parties.
Arbitration is confidential. Hearings are only open to the people involved in the dispute and not to the public. Records are not disclosed to anyone except on the agreement of all parties, except those records shall be made available to the Client Assistance Office and/or Disciplinary Counsel for the purpose of reviewing any alleged ethical violation in accordance with BR 2.5 and BR 2.6.
Yes, you can. You are under no obligation to accept any offer.
Fee mediation is a nonbinding process in which parties work with a neutral third party mediator to seek a mutually agreeable outcome. Mediators do not represent any party and are not judges. Their role is to manage the process through which parties resolve their conflict, not to decide how the conflict should be resolved. They do this by assuring the fairness of the mediation process, facilitating communication, and maintaining the balance of power between the parties. The parties can choose to resolve their dispute through this negotiation process.
Once the parties sign an Agreement to Mediate and indicate they wish to mediate, a mediator is appointed by the administrator and they are asked about their availability for mediation. Based on the information provided and the mediator’s schedule, the mediator will set the date and location for the mediation. You should respond promptly to any requests from the mediator regarding your availability on specific dates.
The mediation will typically be held within 90 days after the mediator is appointed. If you intend to be represented by a lawyer at the mediation, let the mediator know so that your lawyer’s schedule can be taken into consideration.
Mediations will not be held in-person. The parties must attend remotely through the platform. This could be on any platform the mediator has like Zoom, BlueJeans, Microsoft Teams, GoToMeeting, etc. Alternatively, the parties could attend by telephone.
Fee arbitration is a private method for resolving disputes about the reasonableness of attorneys’ fees. Fee Arbitration is a binding process. Volunteer arbitrators listen to both sides and then make a decision and issue an award and money award.
Once the parties sign an Agreement to Arbitrate and indicate they wish to arbitrate, an arbitrator is appointed by the administrator and they are asked about their availability for arbitration. An arbitration hearing is scheduled by the sole arbitrator or by the chair of a three-person panel. The hearing will be scheduled within 90 days of the appointment of the arbitrator or the arbitration panel. The parties to the arbitration will be given at least 10 days advance notice of the hearing. The arbitrator or the chair of the panel conducts the hearing and decides what testimony and documents may be used as evidence.
You must appear remotely at the hearing unless all parties agree in advance to submit evidence in writing. In that case, the panel’s decision will be based on the written material.
No arbitrations will be held in-person. The parties must attend via video conference or teleconference. This could be on any platform the arbitrator has like Zoom, BlueJeans, Microsoft Teams, GoToMeeting, etc. Alternatively the parties could attend by telephone.
Arbitration hearings are generally informal and legal representation is not required. However, either party may be represented in the arbitration proceeding, at the party’s sole expense.
If a party fails to attend the hearing, the dispute will be decided by the arbitrator or panel based upon available information.
If agreement is reached, a written settlement agreement is generated by the mediator and signed by both parties. The agreement is confidential. The mediator can memorialize your settlement agreement in a mediation settlement agreement. Mediators will recommend that each party seek independent legal advice before signing a mediation settlement agreement. Mediators cannot provide you legal advice about whether it is a good idea to enter into a settlement agreement. If parties do not resolve their case in mediation, they can still pursue resolution through arbitration.
If the parties choose to resolve their dispute with a written settlement agreement, that agreement is enforceable in the same manner as any other written contract.
Consequences and enforcement language are included in the agreement. The terms of the agreement will dictate what happens if parties do not fulfill their obligations.
The arbitrator or arbitration panel makes its written decision within 30 days after the close of the hearing and issues a written award. The arbitrator or the panel may decide that an attorney should refund fees already collected, should collect a reduced fee, or that the fees are reasonable under the circumstances.
The decision of the fee arbitration panel is binding upon the parties. However, when good cause exists, General Counsel may direct the arbitrators to correct or modify an award that contains a mathematical calculation error, is not in proper form, is indefinite, or needs clarification.
Either party may seek to have the award confirmed by the court and entered as a judgment as provided in ORS 36.600 to 36.740.
Either party may petition the court to vacate the award as provided in ORS 36.705 within 20 days of being served with a petition to confirm the award. There are limited grounds for vacating an award. The Bar cannot assist in this phase of the process; parties who need help are encouraged to consult an attorney of their choice.
