Programs  >  Process Type  >  Arbitration  >  Civil

Year started: 1987
Neutrals: Retired judges, or attorneys with at least one year of experience and a law office within the Seventeenth Circuit.
Eligibility: Civil actions solely seeking money damages between $10,000 and $50,000.
Pro bono services available?: no
www.illinois17th.com

The 17th Judicial Circuit Court's Mandatory Arbitration Program was first established in Winnebago County in October 1987, making it the oldest program of its type in the state. It is governed by Supreme Court Rules 86 to 95 and Local Rule 2.07. The program was expanded to include Boone County in 1994.

All civil actions filed in these counties solely seeking money damages in excess of $10,000 and less then $50,000 are assigned to a special arbitration calendar at the time of filing with the Circuit Clerk's Office. Cases are then monitored by the Supervising Judge of Arbitration, with a hearing scheduled not less then 180 days from the date of initial filing unless otherwise agreed upon between the parties.

The Arbitration Administrator maintains a hearing calendar, with cases heard four days a month. Cases are heard by a panel of three court-approved arbitrators, who serve on a rotating basis as determined by the Arbitration Administrator. To obtain court approval, an arbitrator must be a retired judge, or an attorney with at least one year of experience and a law office within the 17th Circuit. To be eligible to serve as a panel chairperson, an arbitrator must be a retired judge or have had a trial practice for at least five years. In addition, all arbitrators must attend an arbitration training seminar.

Hearings are scheduled for a two-hour time period, unless the parties request more time at least seven days prior to hearing. Hearings can last a maximum of four hours. Awards are made by the arbitration panel immediately after the hearing. The Arbitration Administrator then sends a copy of the award to the parties, as well as a notice of the Judgment on Award date.

An arbitration award is not a final order until the Supervising Judge has entered a judgment on the award, which cannot be made less then 30 days from the date of hearing. Prior to the expiration of the 30-day time period, any party who was present at the arbitration hearing, except a person barred from rejecting the award by the court, may file with the Clerk a written notice of rejection of the award and may request to proceed to trial. The party rejecting the award is assessed a $200 rejection fee.

In both Winnebago and Boone Counties, most arbitration cases involve personal injury, automobile/subrogation or contract disputes. The average annual caseload in Winnebago County between fiscal years 2005 and 2009 was 1,466 cases referred or pending with a disposition rate of 75%. There had been a decrease in the caseload from 2005 to 2007, from 1,953 to 1,137, but the caseload starting rising in 2008. In fiscal year 2009, the caseload was 1,456 cases, with a disposition rate of 68%, a somewhat lower rate than the five-year average.

Statistics from the past five years show that most arbitration cases are disposed of prior to hearing. In fiscal year 2009, the Winnebago County program held hearings for only 87 cases, 6% of the total caseload of that year. Of the 59 awards that were entered, 16 were accepted and 43 were rejected. The remaining 28 cases in which no award was entered either settled or were pending at the end of the fiscal year. Ten cases went to trial, less than 1% of the program's caseload.

In Boone County, there were 237 cases filed in fiscal year 2009, an increase from the 169 cases filed in 2008. 2009 saw a disposition rate of 72%, which is higher than the 71% five-year average but lower than the 78% statewide average. Of the 6 arbitration hearings held in Boone County in 2009, 4 awards were accepted and 3 rejected. Four cases, less than 2% of the program's caseload, proceeded to trial.

17th Judicial Circuit Local Rule 2.07 - Mandatory Arbitration

Text of rule: www.illinois17th.com
Date adopted: October 1, 1987
Date amended: August 17, 2007
Summary: This section applies to court-annexed arbitration in the 17th Circuit (Winnebago and Boone Counties). The arbitration rules of the Illinois Supreme Court are referenced within. In this circuit, the amount in controversy must exceed $5,000 but not exceed $50,000. This section 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.

For more information about this program, contact:

Christine J. Hawley
Arbitration Administrator
Seventeenth Judicial Circuit
308 W. State St.
Rockford, IL 61101
phone: 815-987-7739
fax: 815-987-7817
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