Programs  >  Process Type  >  Arbitration  >  Civil

Year started: 2007
Neutrals: Retired judges or attorneys with court approval.
Eligibility: All civil claims solely for money damages between $10,000 and $50,000, and small claims exclusively for money where least one party has made a jury demand.
Pro bono services available?: no

The 3rd Judicial Circuit's Court-Annexed Mandatory Arbitration Program began in July 2007. Following the guidelines set by the Supreme Court Rules 86-95, the program mandates arbitration for all civil claims solely for money damages in an amount between $10,000 and $50,000, as well as small claims exclusively for money in which at least one party has made a jury demand.

Arbitration referrals can be made by the court clerk at the time of filing, or later by party agreement or upon court order. Hearings are conducted by a 3-person panel of court-approved arbitrators, selected randomly by the Administrative Assistant for Arbitration. To obtain court approval, arbitrators must be an attorney in good standing who has been practicing for at least five years, or a retired judge. Arbitrators must also attend a court-provided mandatory arbitration seminar. As of October 2007, the circuit court had a roster of 150 approved arbitrators.

Arbitrators are paid through filing and answer fees charged to the parties by the court.

Each party and their attorney, as well as any witnesses called to testify, are required to attend the arbitration hearing. If a party does not attend the hearing, an award may be entered against that party upon which the court may enter judgment. The rule states that hearings are expected to take a maximum of two hours, and only one hearing will be held for each case. The rule instructs the panel to render its decision and enter an award on the same day of the hearing.

In fiscal year 2008, 1,209 cases were referred to the program and the grand majority, 65%, were disposed. In 2009, the number of cases rose to 1,503 and 66% of those were disposed. While 2008 saw 53% of awards accepted and only 28% rejected, in 2009 the number was more evenly split at 39% and 38%, respectively. In both 2008 and 2009, less than 1% of the program's caseload proceeded to trial.

3rd Judicial Circuit Rules Governing Court-Annexed Mandatory Arbitration

Text of rule: http://www.co.madison.il.us/CircuitClerk/CircuitClerkLocalRules.shtml
Date adopted: January 1, 2007
Summary: These rules outline guidelines for the court's mandatory arbitration program. They include procedures for qualifying, appointing and compensating arbitrators, scheduling hearings and filing awards with the court.

For more information about this program, contact:

Kathleen Harris
Arbitrator Administrator
Third Judicial Circuit Court

phone: 618-296-4730
kcharris@co.madison.il.us
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