Programs  >  Process Type  >  Arbitration  >  Civil

Year started: 1996
Neutrals: Judges or attorneys with court approval.
Eligibility: Civil cases involving monetary disputes between $5,000 and $50,000.
Pro bono services available?: no

The Illinois Supreme Court approved court-annexed mandatory arbitration in the 11th Judicial Circuit on March 26, 1996. The program is governed by Supreme Court Rules 86-95 as well as by local court rules, Rule 106. Court-Annexed Mandatory Arbitration, and is administered by a Supervising Judge for Arbitration and an Administrative Assistant.

A civil case involving only monetary claims between $5,000 and $50,000 is subject to arbitration. Once such a case is filed with the Circuit Clerk's office, it is assigned to arbitration. Cases also may be ordered to arbitration upon the request of either party, by agreement of the parties, or by the court at a status call or pretrial conference.

The Administrative Assistant maintains a list of approved arbitrators, as well as arbitrators who are approved to serve as chairpersons, to be appointed to serve on a random basis. To be certified by the Chief Judge as an arbitrator, applicants must be Illinois-licensed attorneys who have engaged in the active practice of law for a minimum of one year or retired judges. Applicants must also file an approved application, complete the required arbitrator training seminar, and maintain a law office or residence in the 11th Circuit. An applicant requesting certification as a chairperson must certify that he or she has been engaged in the active practice of law for at least five years or be a retired judge.

Hearings take place at the Arbitration Center in front of a panel of three arbitrators, at least one of which must be certified as a chairperson. The parties may request a two arbitrator panel, and members of a firm or office may not be appointed to the same panel. Arbitration sessions tend to last two hours or less. A party who fails to appear and participate in the hearing my have an award entered against him/her upon which the Court may enter judgment. The panel renders its decision and enters an award on the same day as the hearing. It is then filed with Clerk of Circuit Court. To be compensated, the arbitrators must file a voucher to be submitted to the Administrative Office of the Illinois Courts.

In Ford County, the program's average annual caseload between fiscal years 2005 and 2009 was 49 cases. The average disposition rate for cases during that time was 78%. In fiscal year 2009, 54 cases were pending or referred to arbitration and 42 of those settled or dismissed, for a disposition rate consistent with both the five-year average and statewide average of 78%. This number was a decrease from the 2008 disposition rate of 86%. Of the 3 hearings held in 2009, 2 awards were accepted and 0 rejected. No case went to trial.

The average annual caseload in McLean County from 2005 to 2009 was 1,365 cases with a disposition rate of 65%. In fiscal year 2009, there were 1,246 cases filed and 673 settled or dismissed for a disposition rate of 54%, which is 'significantly lower' than the five-year average. The county held 87 arbitration hearings in 2009, which resulted in 43 awards accepted (49%) and 16 rejected (18%). No award was entered for 28 cases; these cases either settled before the award was entered or were pending at the end of the reporting period. Only 4 cases, less than 1% of the program�s caseload for that year, went to trial.

11th Judicial Circuit Local Rule 106 - Court-Annexed Mandatory Arbitration

Text of rule: http://www.mcleancountyil.gov/CircuitCourt/EleventhCircuitCourtRules.htm
Date adopted: March 26, 1996
Date amended: February 27, 2007
Summary: This rule applies to court-annexed arbitration in McLean and Ford Counties. 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. The rule also outlines the duties of the supervising judge for arbitration.

For more information about this program, contact:

Deborah Haas
Arbitration Administrator
11th Judicial Circuit
200 West Front Street
Bloomington, IL 61701
phone: (309) 827-7584
fax: (309) 827-9700