Programs > Process Type > Arbitration > Civil
Programs: Mandatory Arbitration Program - 16th Judicial Circuit
Year started: 1995
Neutrals: Judges or attorneys with court approval.
Eligibility: Civil cases involving monetary disputes of $10,000-$50,000, or small claims cases with jury demands.
Pro bono services available?: no
The 16th Judicial Circuit's Mandatory Arbitration Program was established in January 1995 by Article 11 of their local rules. The program handles civil cases involving monetary disputes of $10,000 to $50,000, as well as small claims cases with a jury demand.
Arbitration referrals from the court are mandatory for eligible cases, but can also be requested by one or both parties. Hearings are conducted by a panel of court-approved arbitrators, who serve on a rotating basis as determined by the Arbitration Administrator. To obtain court approval, arbitrators must be a member of the Illinois Bar Association, have three years of experience practicing law or be a retired judge, and either reside, practice or have an office in Kane County. Arbitrators must also attend a court-approved mandatory arbitration seminar and know the Supreme Court and local rules governing mandatory arbitration. As of October 2007, the circuit court had a roster of 260 approved arbitrators.
Arbitrators are paid through the Illinois Mandatory Arbitration Fund, which is financed through an $8 filing fee on civil cases.
Each party and their attorney, as well as any witnesses called to testify, are required to attend the arbitration hearing. Hearings are also open to the public. The rule states that hearings are expected to take a maximum of two hours, but the Arbitration Administrator will make arrangements for cases that require more time.
Between 2005 and 2009, the program had an average annual caseload of 2,473 pending and referred cases. After a slight decrease from 2005 (3,213 cases) to 2008 (1,961 cases ), in 2009 the number of cases pending and referred to the arbitration program rose to 3,181. Of those, 1,804 cases were settled or dismissed for a 57% disposition rate, a significantly lower percentage than both the five-year average of 72% and the statewide average of 78%. In 2009 there were 239 arbitration hearings, of which 50 resulted in an accepted award (21%) and 143 in awards rejected (60%). No award was entered in 46 cases; these cases either settled before an award was entered or were still pending at the end of the reporting period. Only 26 cases, less than 1% of the total caseload, later proceeded to trial.
- Court-Annexed Mandatory Arbitration Report, FY 2001 - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2002 - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2003 - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2004 - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2006 - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2006 - 16th Judicial Circuit - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2007 - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2007 - 16th Judicial Circuit - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2008 - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2008 - 16th Judicial Circuit - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2009 - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2009 - 16th Judicial Circuit - Published by the Administrative Office of the Illinois Courts.
16th Judicial Circuit Local Rule 11.00 et seq. - Arbitration Program
Text of rule: http://www.illinois16thjudicialcircuit.org/localCourtRules/article11.pdf
Date adopted: November 3, 1995
Date amended: May 5, 2008
Summary: This section applies to court-annexed arbitration for major civil litigation in the 16th Circuit (Kane County). It details the rules and procedures regarding arbitration, including actions eligible for arbitration, scheduling of arbitration hearings, and arbitration hearing procedures.
A Lawyer's Guide to Mandatory Arbitration in Illinois
Publication: Illinois Bar Journal, Vol. 86#10, October, 1998
Summary: This article examines the statutes, rules, and case law that govern mandatory civil arbitration in Illinois. It specifically looks at the right to reject an arbitration award, sanctions debarring the ability to reject an award, and the timing of request for attorney fees, and concludes that failing to appear at an arbitration hearing or to participate in good faith could lead to a sanction debarring rejection of the award and that attorney fees must be requested during the arbitration hearing.
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For more information about this program, contact:
Margie Weiten
Arbitration Administrator
Sixteenth Judicial Circuit
Arbitration Center - Kane County Courthouse
Geneva, IL 60134
phone: 630-262-8316
fax: 630-262-8418