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Or. Code Jud. Conduct R. 3.8

Encouraging Settlement and Serving as a Settlement Judge

activein force · 2013-12-01 – presentact-effective-date

(A) A judge may encourage parties to a proceeding and their lawyers to

consider settling matters in dispute but shall not act in a manner that coerces any

party into settlement. To avoid coercing a party into settlement, a judge who

encourages settlement or who serves as a settlement judge should consider, among

any other pertinent factors, whether (1) the parties or their counsel are relatively

sophisticated in legal matters, (2) the case will be tried by a judge or a jury, (3) the

parties participate with their counsel in settlement discussions, (4) any parties are

self-represented, and (5) the matter is civil or criminal.

(B) Nothing in this rule precludes a court from requiring parties to attend

a meeting to consider whether they are willing to participate in settlement

discussions. If the parties agree to participate in settlement discussions, the

settlement judge may confer separately with each party or each party's lawyer on

the merits of a matter in an effort to settle matters before the court.

(C) Except with the consent of the parties, a judge who will rule on the

merits of a pending case shall not participate in the case as a settlement judge.

Provenance

Source
courts.oregon.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
8869d8589e0211af9efe6d1e531d966fa8720e616efed5cd1732c0038437d35c
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