Programs  >  Practice Area  >  Civil  >  Mid-Level Civil Cases - Monetary Claims

Year started: 1995
Neutrals: Judges or attorneys with court approval.
Eligibility: Civil cases involving monetary disputes between $5,000 and $50,000.
Pro bono services available?: no
http://www.willcountycourts.com/index.php?option=com_content&view=article&id=175&Itemid=168

With the Supreme Court's approval of Rule 20.00. Mandatory Arbitration, the 12th Judicial Circuit launched its mandatory arbitration program in December 1995. Civil cases in which there is only a monetary claim in an amount over $5,000, but not exceeding $50,000, are assigned to arbitration at the time of filing with the Circuit Clerk. If a case does not get assigned at the time of filing, it may be ordered to arbitration on a motion of either party or by Court Order at the status call or pre-trial conference.

The Arbitration Administrator 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 as an arbitrator by the Supervising Judge of the Arbitration Center, applicants must be retired judges or Illinois-licensed attorneys who have at least one year of experience. 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. Applicants must also file an approved application, complete the required arbitrator training seminar, and attorneys must practice law in the 12th Circuit.

Hearings take place at the Arbitration Center in front of a panel of three arbitrators, at least one of whom 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 are limited to 2 hours; however, either party may request additional time by filing a motion with the Circuit Court Clerk. If a party fails to appear at the hearing, the arbitration panel may enter an award in favor of the other party. The court then decides whether to enter this award as judgment against the absent party. 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.

The program's average caseload between fiscal years 2007 and 2011 was 3,086 cases. The average disposition rate for this time period was 72%. In fiscal year 2011, 3,763 cases were referred or pending and 2,838 (75%) of the cases were settled or dismissed. Of the 146 arbitration hearings held in 2009, 34 awards were accepted (23%) and 63 rejected (43%). No award was entered for 49 cases; these cases either settled before an award was entered or were pending at the end of the fiscal year. Seventeen cases filed in the program proceeded to trial, less than 0.5% of the year's caseload.

12th Judicial Circuit Local Rule 16.00: Court-Annexed Mandatory Arbitration

Text of rule: http://www.willcountycourts.com/images/stories/WillCounty/will%20rules%20v08.pdf
Date adopted: December 1, 1995
Date amended: August 3, 2009
Summary: This rule discusses the actions subject to mandatory arbitration, qualifications to be an arbitrator, procedures for the scheduling of hearings, discovery, conduct of the hearings, default of a party, awards and judgments. Also, it describes the administration of the mandatory arbitration program.

For more information about this program, contact:

Kurt Sangmeister
Trial Court Administrator
12th Judicial Circuit Court

phone: (815) 774-4575
ksangmeister@willcountyillinois.com