182 Chapter 15
to the State Court Administrator. Except as provided in paragraph (f) of this subsection,
each party shall pay the initial program fee no later than the date of the first settlement
conference. Unless otherwise agreed to by the parties, the neutral, and the program
director, each party to a general civil or domestic relations appeal must pay an initial
program fee of $350, and each party to a workers' compensation appeal must pay an
initial program fee of $150. In all other appeals, the parties, neutral, and program
director shall agree on the fees.
(b) (i) The initial program fee shall cover up to one hour of neutral
preparation time and up to five hours of settlement conference time whether or
not the settlement conference involves more than one session.
(ii) In unusual cases, if the neutral reasonably needs more than one
hour of preparation time, the neutral may contact the program director and the
program director may contact the parties to discuss whether to exclude the
additional preparation time from the initial program fee.
(iii) If the parties agree to extend the settlement conference beyond the
initial five hours, the parties shall compensate the neutral for any additional time
that is expended and recorded by the neutral, with the total cost of the additional
time being shared equally by the parties. The rate shall be $150 per hour, unless
otherwise agreed to by the parties, the neutral, and the program director.
(c) If an individual or entity who is not a party to the appeal participates in the
settlement conference as part of an attempt to reach a global resolution of a dispute or
disputes outside the scope of the appeal but involving some or all of the parties to the
appeal, the program director may require each such individual or entity to pay the
program fees prescribed in paragraph (a) of this subsection.
(d) The Chief Judge or the Chief Judge's designee may waive or defer
payment of program fees on motion of a party based on a showing that the party is
financially unable to pay the fees without substantial economic hardship in providing
basic economic necessities to the party or the party's dependent family. If liability for
payment of a party's share of program fees is waived or deferred, that party's portion of
program fees shall be paid by the program from funds appropriated for that purpose.
(e) When a settlement conference is conducted by a neutral, an administrative
law judge, "Plan B" retired judge, or other person who does not accept a fee for the
services, the parties shall make the program fees payable to the State Court
Administrator, reference the case name and number, and mail it to: Appellate Settlement
Conference Program, 1163 State Street, Salem, OR 97301-2563.
(f) A party whose program fees are deferred and who has not paid the fees by
the conclusion of the settlement conference shall remain liable for the unpaid fees, unless
the fees are waived following completion of the settlement conference. If a party's
program fees have been paid by the program and the party thereafter pays the fees, the