Civil

Programs: Mandatory Arbitration Program - 20th Judicial Circuit

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Year started: 2004
Neutrals: Attorneys
Eligibility: All civil case valued between $10,000 and $50,000
Pro bono services available?: no

In February 2004, the 20th Circuit launched its Mandatory Arbitration Program under authorization from Illinois Supreme Court Rule 86. Under this program, all civil cases valued between $10,000 and $50,000 are automatically transferred into the arbitration program by the court clerk. Parties to other civil cases may move to have their case referred to arbitration as well.

Once a case is transferred to the arbitration program, the Arbitration Administrator assigns three arbitrators by rotation and schedules the arbitration, which takes place at the Arbitration Center. Discovery is limited, and hearings average about 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. At trial, the party who rejected the award must achieve a better result than awarded at arbitration or face sanctions by the court.

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 2005 and 2009, an average of 2,225.6 cases were referred to arbitration each year and an average of 1,884.4 cases were disposed (85%). Less than 1% of cases proceeded to trial. In fiscal year 2009, of the 2,469 cases pending or referred to arbitration, 1,939 were disposed (79%). Of the 120 arbitration hearings held, 51 awards were accepted (43%) and 42 were rejected (35%). Only ten cases filed in arbitration proceeded to trial, following the trend of less than 1% of cases referred to arbitration proceeding to trial.

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 - 20th Judicial Circuit - 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 2007 - 20th Judicial Circuit - 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 - 20th Judicial Circuit - 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 - 20th Judicial Circuit - Published by the Administrative Office of the Illinois Courts.

20th Judicial Circuit Local Rule 14.00: Mandatory Arbitration

Text of rule: http://www.stclairbar.com/pages/useful-information/arbitration_rules.pdf
Date adopted: May 11, 1993
Date amended: August 2, 2004
Summary: This rule applies to St. Clair County. It mandates arbitration for cases valued between $15,000 and $50,000. Included in the rule are qualifications to be an arbitrator for the program, as well as procedures for scheduling and conducting the hearings, conducting discovery, and filing awards and award rejections.