OR · rules
Or. Code Jud. Conduct R. 3.8
Encouraging Settlement and Serving as a Settlement Judge
(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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