Programs > Process Type > Arbitration > Civil
Programs: Mandatory Arbitration Program - 19th Judicial Circuit
Year started: 1990
Neutrals: Judges or attorneys with court approval.
Eligibility: Civil cases involving monetary disputes between $10,000 and $50,000.
Pro bono services available?: no
www.19thcircuitcourt.state.il.us/services/Pages/adr.aspx
The 19th Judicial Circuit's Arbitration Program, governed by Local Rule 17, was established in November 1990. Under the program, the court is mandated to refer all civil actions involving a monetary dispute between $10,000 and $50,000 to arbitration.
Arbitration hearings are conducted by a panel of court-approved arbitrators, who serve on a random, rotating basis. For court approval, arbitrators must be retired judges who are licensed to practice in Illinois and reside in Lake County, or attorneys who are licensed in Illinois, have practiced law for two of the last five years, and who reside, practice or maintain offices in Lake County. Panel chairpersons must have had trial practice for five of the last 10 years. Arbitrators must also be certified by attending an arbitration seminar.
Cases are referred to arbitration by the court clerk, who assigns a date for the hearing at the time of the case filing. The rule stipulates that hearings for cases involving no more than $15,000 should be scheduled no less than 120 days from the filing date. For cases involving between $15,000 and $50,000, the hearing date should be no less than 180 days from the time of the filing.
The rule sets the length of arbitration hearings at a half-day, not to exceed a full day. The panel makes its award immediately upon the completion of the hearing and files it with the court. The award should not exceed the amount sought in the complaint or counterclaim. The court then holds a final hearing for entry of judgment on the award, dismissal, or the scheduling of a trial date in the event of a party's objection to the award. Parties are required to attend all hearings of the arbitration process.
Between the 2005 and 2009 fiscal years, the average annual case load for the program was 3,308 cases. The program caseload has fluctuated in the past five years, with 4,238 cases referred to arbitration in 2005 and 2,562 referred in 2007. In the fiscal year 2009, the number of cases referred to arbitration rose to 3,495. Of those, 2,450 were disposed (70%), a somewhat lower percentage than the previous four years� average of 75%. Of the 427 arbitration hearings held in 2009, 94 awards were accepted and 255 were rejected. Only 35 cases, 1% of the program�s caseload, went 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 - 19th 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 - 19th 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 - 19th 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 - 19th Judicial Circuit - Published by the Administrative Office of the Illinois Courts.
19th Judicial Circuit Local Rule 17 - Mandatory Arbitration Program
Text of rule: http://www.19thcircuitcourt.state.il.us/resources/Pages/rules17.aspx
Date adopted: November 27, 1990
Date amended: October 9, 2007
Summary: This section applies to court-annexed arbitration in the 19th Circuit (Lake County). The arbitration rules of the Illinois Supreme Court are referenced within. In this circuit, the amount in controversy must exceed $10,000 but not exceed $50,000. It includes actions subject to mandatory arbitration, qualifications to be an arbitrator, procedures for the scheduling of hearings, discovery, administration of the hearings, awards and judgments.
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:
Delta Hawkins
Arbitration Adminstrator
Nineteenth Judicial Circuit
415 W. Washington
Waukegan, IL 60085
phone: 847-360-5747
fax: 847-263-7758