Programs > Process Type > Arbitration > Civil
Programs: Mandatory Arbitration Program - Cook County Circuit Court
Year started: 1990
Neutrals: Attorneys
Eligibility: All civil cases valued between $10,000 and $30,000
Pro bono services available?: no
In response to Illinois Supreme Court Rule 86, which authorized the courts to use filing fees to fund non-binding mandatory arbitration programs, Cook County launched its mandatory arbitration program in January 1990. Under this program, all civil cases asking exclusively for money damages valued up to $30,000 are automatically transferred to the arbitration program after the initial hearing, unless a trial by jury is waived at that time.
Once a case is transferred to the arbitration program, the Arbitration Administrator assigns three arbitrators randomly by rotation and schedules the arbitration hearing, which takes place at the Arbitration Center. Discovery is limited, and hearings may take no more than two hours. After the hearing, the arbitrators decide the award. The parties then have 30 days to decide whether to accept or reject the award. If the award is rejected, they can continue to negotiate settlement while awaiting trial.
The arbitrators are licensed attorneys who have at least three years of experience. The panel includes a chair, who must have five years of experience. To be placed on the court's roster, the arbitrators must attend a 6-hour training. The arbitrators are paid a flat fee per case by the court.
Between the 2005 and 2009 fiscal years, the program had an average caseload of 13,649 cases. Over this time period, the program had an average disposition rate of 83%. In fiscal year 2009, 13,200 cases were referred or pending in the program and 10,102 were disposed, for a disposition rate slightly lower than the five-year average at 77%. Of the 8,183 cases that proceed to a hearing, 1,767 awards were accepted (22%) and 4,240 were rejected (52%). Only 389 cases, 3% of the year's caseload, later proceeded to trial. The majority of cases arbitrated are personal injury, followed by automobile/subrogation cases and liability/tort/property damage cases.
- 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 - Cook County Circuit Court - 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 2008 - Published by the Administrative Office of the Illinois Courts.
- Court-Annexed Mandatory Arbitration Report, FY 2008 - Cook County Circuit Court - 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 - Cook County Circuit Court - Published by the Administrative Office of the Illinois Courts.
Cook County Circuit Court Local Rule 18.00: Mandatory Arbitration
Text of rule: http://www.cookcountycourt.org/rules/index.html
Date adopted: January 16, 1990
Date amended: February 24, 2003
Summary: This section applies to court-annexed arbitration in Cook County. The arbitration rules of the Illinois Supreme Court are referenced within. In this circuit, the amount in controversy must not exceed $30,000. The rule outlines the qualifications to be an arbitrator, procedures for the scheduling of hearings, discovery, administration of the hearings, and 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:
Kim Atz O'Brien
Court-Annexed Mediation Supervisor
Circuit Court of Cook County
222 N. LaSalle Street, 13th Floor
Chicago, IL 60601
phone: (312) 793-0125
fax: (312) 793-0146