Civil

Programs: Mandatory Arbitration Program - 18th Judicial Circuit

Year started: 1989
Neutrals: Retired judges and attorneys who reside, practice or maintain an office in the 18th Circuit.
Eligibility: Civil actions exclusively for monetary claims between $10,000 and $50,000, and all small claims cases with jury demands.
Pro bono services available?: yes
http://www.co.dupage.il.us/courts/generic.cfm?doc_id=607

The 18th Circuit Arbitration program was established in January 1989. The program is governed by Local Rule 13 and Supreme Court Rules 86-95, and is funded by filing fees in accordance with ILSC 5/2-1009A. Under the rules, the court must refer to arbitration all civil actions filed with the court that are exclusively for monetary claims between $10,000 and $50,000, as well as all small claims cases with jury demands.

According to the rules, each case is heard by a panel of three arbitrators, at least one of whom is qualified to act as chair. The program maintains a list of court-approved arbitrators, who are appointed to cases on a rotating basis. The arbitrators are retired judges and attorneys who have practiced law for at least one year. They must reside, practice or maintain an office in the 18th Circuit. Retired judges or attorneys who have at least five years of trial practice are eligible to become chairs of arbitration panels. All arbitrators must attend an approved training and understand the Supreme Court rules governing the program. As of 2007, the court had a roster of 401 approved arbitrators.

Arbitrators are paid $100 per hearing, by the court, and parties do not pay a fee. Hearings last about two hours and are open to the public. All parties and attorneys to the lawsuit are required to attend. If a party fails to appear, the panel may enter an award in favor of the present party, and the court may enter judgment on the award. Such an award may later be vacated, but court costs may be assessed.

Between the 2005 and 2009 fiscal years, the program's average annual caseload was 5,286 cases, a decrease from the 2004 to 2008 average of 5,601 cases annually. In the fiscal year of 2009, 3,319 of 4,336 cases were disposed (77%), a lower percentage than the five-year average of 81%. In 2009, 406 arbitration hearings were held, 96 awards accepted (24%) and 227 awards rejected (56%).The remaining 83 cases in which no award was entered either settled or were pending at the end of the fiscal year. Only 38 cases, less than 1% of the program's caseload, proceeded to trial.

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 - 18th 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 - 18th Judicial Circuit - Published by the Administrative Office of the Illinois Courts.

18th Judicial Circuit Article 13 - Mandatory Arbitration

Text of rule: http://www.dupageco.org/courts/generic.cfm?doc_id=591
Date adopted: January 23, 1989
Date amended: January 23, 2006
Summary: Under this rule, all eligible cases valued between $10,000 and the monetary limit authorized by the Illinois Supreme Court must be referred to non-binding arbitration. The rule outlines the necessary qualifications to be placed on the roster of approved arbitrators, the compensation for the arbitrators, scheduling and conduct of the hearings, discovery, and the procedure for rejecting an award. The rule prohibits post-hearing contact with the arbitrators.

For more information about this program, contact:

Loretta Glenny
Arbitration Administrator
18th Judicial Circuit
126 South County Farm Road
Wheaton, IL 60187
phone: (630) 653-5803
fax: (630) 462-3726