Civil

Programs: Mandatory Arbitration Program - 22nd Judicial Circuit

Year started: 1990
Neutrals: Licensed attorneys with at least three years of experience
Eligibility: All civil cases valued between $10,000 and $50,000, and small claims cases in which a jury demand has been filed
Pro bono services available?: no

Mandatory arbitration began in McHenry County in 1990, when it was part of the 19th Circuit. Under this program, all civil cases valued between $10,000 and $50,000 are automatically transferred into the arbitration program by the court clerk, as are small claims cases in which a jury demand has been filed. A case so valued that has not been assigned to the arbitration calendar by the clerk for any reason may be referred to arbitration at a status call or pre-trial hearing.

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. The arbitrators are licensed attorneys who have at least three years of experience. The panel includes a chairperson, who must have five years of experience. To be placed on the court's roster, the arbitrators must attend a 6-hour training program. The arbitrators are paid a flat fee per case by the court.

Discovery is limited for arbitrations, 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.

Between the 2005 and 2009 fiscal years, the average annual caseload for the program was 1,475 cases. In 2009, 1,175 of 1,694 cases were settled or dismissed (69%), reflective a somewhat downward trend: in both 2005 and 2008, 73% of cases sent to arbitration were disposed. Of the 114 arbitration hearings held in 2009, 30 awards were accepted (26%) and 61 were rejected (54%). Only 15 cases, 1% of the year's total caseload, went to trial.

Court-Annexed Mandatory Arbitration Report, FY 2008 - Published by the Administrative Office of the Illinois Courts.
Court-Annexed Mandatory Arbitration Report, FY 2008 - 22nd 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 - 22nd Judicial Circuit - Published by the Administrative Office of the Illinois Courts.

22nd Judicial Circuit Court Rules, Part 17.00: Mandatory Arbitration

Text of rule: www.co.mchenry.il.us
Date adopted: January 1, 2007
Summary: Under this rule, all cases valued between $10,000 and $50,000 are transferred to mandatory arbitration at filing. Other cases so valued but not transferred by the clerk may be referred to the program by the court at a status conference or pre-trial hearing. Small claims cases in which a jury demand is filed are also subject to this rule. The rule calls for the case to be heard by a panel of three arbitrators, who are paid by the court. It outlines the qualifications necessary to be placed on the court's roster. Also discussed are the procedure for filing the award and for rejecting the award. The rule also imposes sanctions upon a party who rejects the reward, proceeds through trial and does not achieve a verdict better than the arbitration award.

For more information about this program, contact:

Delta Hawkins
Arbitration Adminstrator
Nineteenth Judicial Circuit
415 W. Washington
Waukegan, IL 60085
phone: 847-360-5747
fax: 847-263-7758