Programs  >  Process Type  >  Arbitration  >  Civil

Year started: 2001
Neutrals: Judges or attorneys with court approval.
Eligibility: Civil cases involving monetary disputes between $10,000 and $50,000.
Pro bono services available?: no
http://www.co.rock-island.il.us/arbctr.aspx?id=319

With authorization from the Illinois Supreme Court, the 14th Judicial Circuit launched its mandatory arbitration program in 2001. The program is governed by Supreme Court Rules 86-95 as well as by local court rules, Part 24: Mandatory Arbitration, and is administered by a Supervising Judge for Arbitration and an Arbitration Administrator.

A civil case involving only monetary claims between $10,000 and $50,000 is subject to arbitration. Once such a case is filed with the Clerk of the Circuit Court in Rock Island, Henry, Whiteside or Mercer County, 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 Arbitration Administrator maintains a list of approved arbitrators, as well as arbitrators who are approved to serve as chairpersons. Arbitrators are appointed to serve on a random basis. To be eligible for appointment, attorneys must file the appropriate form with the Arbitration Administrator, as well as certify that that they have engaged in the active practice of law for at least one year or be a retired judge. To serve as a chairperson, one 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. Before serving on an arbitration panel, attendance at the Arbitration Seminar is required.

Hearings take place at the Arbitration Center in Rock Island in front of a panel of three arbitrators, at least one of which must be certified as a chairperson. After each party makes a presentation of its case, 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. Arbitration sessions tend to last two hours or less. To be compensated, the Arbitration Administrator files a voucher to be submitted to the Administrative Office of the Illinois Courts. A party who fails to appear will be found to be in default upon motion to the court by the party present.

Within 30 days of an award being filed, the parties to the dispute must decide whether or not to accept the arbitrators' award. A party may reject the award by paying a rejection fee, which ranges between $200 and $500, depending on the amount of the award. The Notice of Rejection is filed with the Clerk of the Circuit Court. The parties then go on to trial before a judge or jury.

In Henry County, the annual caseload for the arbitration program had declined in recent years, from 216 cases in fiscal year 2005 to 103 cases in fiscal year 2008, but rose slightly in 2009 with 115 cases referred or pending. From 2005 to 2009, the disposition rate was 89%; in fiscal year 2009, this rate was somewhat lower than the five-year average at 81%, though higher than the 78% statewide average for 2009. In the same year in Henry County, 6 hearings were held, with no award accepted and 2 rejected. The 4 cases in which no award decision was reported either settled before an award could be entered, or was still pending at the end of the fiscal year. No cases from this program proceeded to trial.

In Mercer County, the average annual caseload between fiscal years 2005 and 2009 was 41. The county has seen a decrease in cases, from 51 in fiscal year 2006 to 33 in fiscal year 2009. The average disposition rate over the past five years was 58%, with a lower rate reached in 2009 at 46%. Also in 2009, 1 hearing was held, though no award was accepted or rejected and so the case was either settled before an award could be entered, or was still pending at the end of the fiscal year. No cases went to trial, as was the case for the previous four years.

In Rock Island County, the average annual caseload between fiscal years 2005 and 2009 was 779 cases with a disposition rate of 65%. There has been a substantial decline since 2005, with the caseload falling from 1,209 to 558 cases in fiscal year 2008, but rising slightly in 2009 to 592 cases. In fiscal year 2009, the disposition rate rose slightly to 67% (396 of 592 cases were settled or dismissed). Also in 2009, there were 43 arbitration hearings, with 5 awards accepted and 17 rejected. No award was entered for 21 cases; these cases either settled before the award was entered or were still pending at the end of the fiscal year. Only 6 cases, 1% of the program's caseload, later proceeded to trial.

Finally, in Whiteside County, the average annual caseload between fiscal years 2005 and 2009 was 276 cases, with a disposition rate of 68%. There had been a slight decline in caseloads since fiscal year 2005, falling from 397 to 213 in fiscal year 2008 but rising slightly in 2009 with 251 cases pending or referred to arbitration. The disposition rate in 2009 was consistent with the five-year average at 68%. Four arbitration hearings were held in 2009, with 1 award accepted and 1 rejected. No award was entered for 2 cases; these cases either settled before the award was entered or were still pending at the end of the fiscal year. No cases went to trial.

14th Judicial Circuit Local Rules, Part 24: Court-Annexed Mandatory Arbitration

Text of rule: http://www.co.rock-island.il.us/uploadedFiles/CrtAdmin/CivilRulesComplete.pdf
Date adopted: March 1, 2000
Date amended: April 1, 2005
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. It also describes the administration of the mandatory arbitration program.

For more information about this program, contact:

Jill Zimmer
Administrative Assistant
14th Judicial Circuit
1617 Second Ave.
Rock Island, IL 61201
phone: 309-794-3605
fax: 309-794-3607
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