2.07    Mandatory Arbitration

  1. Supervising Judge for Arbitration

    2. The chief judge shall appoint in each county of the circuit having a mandatory arbitration program, a judge to act as supervising judge for arbitration, who shall have the powers and responsibilities set forth in these rules and who shall serve at the discretion of the chief judge.

  2. Arbitration Administrator

    3. The chief judge shall designate an arbitration administrator who shall have the authority and responsibilities set forth in these rules. The arbitration administrator shall serve at the discretion of the chief judge under the immediate direction of the court administrator.

  3. Arbitration Center

    4. The chief judge shall designate an arbitration center for arbitration hearings.

  4. Mandatory Arbitration of Certain Cases

    5. The arbitration program of the 17th judicial circuit is governed by the Supreme Court Rules for the Conduct of Mandatory Arbitration Proceedings (Supreme Court Rules 86 - 95 incl.). Pursuant to Supreme Court Rule 86 (c), these local rules are adopted, effective October 1, 1987, as amended effective September 16, 1994. Since arbitration proceedings are governed by both sets of rules, reference is made in the caption of each local rule to the Supreme Court Rule controlling the subject.

    Rule 1.      Actions Subject to Mandatory Arbitration (S. Ct. Rule 86)

    1. Mandatory arbitration proceedings are undertaken and conducted in the counties of Winnebago and Boone, 17th Judicial Circuit, pursuant to approval of the Illinois Supreme Court given on June 3, 1987, and September 16, 1994, respectively.

    2. All civil actions, other than claims under Supreme Court Rule 281, will be subject to mandatory arbitration, if such claims are solely for money on an amount exceeding $5,000, but not exceeding $50,000, exclusive of interest and costs. Such cases shall be assigned to the arbitration calendar of the 17th judicial circuit at the time of initial case filing with the circuit clerk's office.

    3. Reserved

    4. When a case not originally assigned to the arbitration calendar is subsequently so assigned pursuant to Supreme Court Rule 86 (d), the arbitration administrator shall promptly assign an arbitration hearing date for such case. In such cases, the date of the arbitration hearing shall be not less than 60 days nor more than 180 days from the date of assignment to arbitration, as determined by the court considering the status of the case, the period of time necessary to afford the parties adequate preparation time and status of the arbitration calendar.

    Rule 2.      Appointment, Qualification and Compensation of Arbitrators (S. Ct.                  Rule 87)

    1. Attorneys shall be eligible for appointment by filing the appropriate form with the arbitration administrator, certifying that they have engaged in the active practice of law for a minimum of one year and maintain a law office within the 17th judicial circuit. Retired judges shall also be eligible for appointment. Chairpersons must have been engaged in active trial practice for a period of five years or be a retired judge.

    2. The arbitration administrator shall maintain an alphabetical list of approved arbitrators to be called for service on a rotating basis. The list shall designate the arbitrators who are approved to serve as chairpersons and those arbitrators and chairpersons who are available to serve as substitutes. Each panel will consist of one chairperson and two panel members. Eligible arbitration panel members shall have attended the arbitration seminar prior to active service on an arbitration panel. The eligibility of each attorney to serve as arbitrators may, from time to time, be reviewed by the arbitration administrator or supervising judge. Where possible, the arbitration administration shall notify such arbitrators of the date at least 60 days prior to the assigned hearing date.

    3. Reserved

    4. Reserved

    5. Upon completion of each day's arbitration hearings, the arbitration administrator will process the necessary voucher through the Administrative office of the Illinois Courts for payment of arbitrators.

    Rule 3.      Scheduling of Hearings (S. Ct. Rule 88)

    1. On or before the first day of each July, the arbitration administrator shall provide the circuit clerk's office with a schedule of available arbitration hearing dates for the next calendar year.

      2. Upon the filing of a civil action subject to these rules, the clerk of the circuit court shall set a return date for the summons not less than 21 days nor more than 40 days after filing, returnable before the supervising judge or arbitration. The summons shall require the plaintiff or the representative of the plaintiff and all defendants or their representatives to appear at the time and place indicated. The complaint and all summonses shall state in upper case letters in the upper right-hand corner "THIS IS AN ARBITRATION CASE."

      Upon the return date of the summons and the court finding that all parties have appeared, the court shall assign an arbitration hearing date not less than 180 days from the filing date or the earliest available hearing date thereafter. If one or more defendants have not been served within 90 days from the date of filing, the court may in its discretion dismiss the case as to unserved defendants for lack of diligence.

    2. Any party to a case may request advancement or postponement of a scheduled arbitration hearing date by filing written motion with the office of the circuit clerk requesting such change. Such motion and notice of hearing thereon shall be served upon counsel for all other parties in the same manner as other motions and a copy of the motion and notice of time of hearing thereon the calendar of the supervising judge for arbitration and shall likewise be served upon the arbitration administrator. The motion shall contain a concise statement of the reason for the change of hearing date. The supervising judge may grant such advancement or postponement upon good cause shown.

    3. Consolidated actions shall be heard on the date assigned to the latest case involved.

    4. Counsel shall give immediate notification to the arbitration administrator of any settlement of cases or changes of appearance. Failure to do so may result in the imposition of sanctions.

    5. It is anticipated that the majority of cases to be heard by arbitration panel will require 2 hours or less for presentation and decision. It shall be the responsibility of counsel for the plaintiff to confer with counsel for all other parties to obtain an approximation of the length of time required for presentation of the case and advise the arbitration administrator at least 7 days in advance of the hearing date in the event additional hearing time is anticipated and the length of such additional time.

    Rule 4.       Discovery (S. Ct. Rule 89)

    1. All parties shall comply with the provisions of Supreme Court Rule 222. However, unless otherwise ordered by the court, the parties shall file with the court their initial disclosure under Supreme Court Rule 222 within 14 days of the first return court appearance date.

    Rule 5.       Conduct of the Hearings (S. Ct. Rule 90)

    1. The supervising judge for arbitration shall have full supervisory powers over questions arising in any arbitration proceeding, including the application of these rules.

    2. A stenographic record or a recording of the hearing shall not be made unless a party does so at one's own expense. If a party has a stenographic record or a recording made, a copy shall be furnished to any other party requesting same upon payment of a proportionate share of the total cost of making the record or recording.

    3. The statements of witnesses shall set forth the name, address and telephone number of the witness.

    4. Witness fees and costs shall be in the same amount and shall be paid by the same party or parties, as provided for in trials in the Circuit Court of Winnebago County.

    Rule 6.       Default of a Party (S. Ct. Rule 91)

    1. (a) A party who fails to appear and participate in the hearing, upon motion to the court by the party present, shall be found to be in default. Costs that may be assessed under Supreme Court Rule 91 upon vacation of a default include, but are not limited to, payment of costs, attorney fees, witness fees, stenographic fees and any other out-of-pocket expenses incurred by any party or witness.

    2. Reserved

    Rule 7.       Award and Judgment on Award (S. Ct. Rule 92)

    1. Reserved

    2. The panel shall make an award the same day the hearing is terminated. The chairman shall immediately file the award with the clerk of the court, who shall serve notice of the award on all parties.

    3. Reserved

    4. Reserved

    Rule 8.       Rejection of Award (S. Ct. Rule 93)

    Reserved

    Rule 9.   Form of Oath, Award and Notice of Entry of Award (S. Ct. Rule 94)

    1. The arbitration administrator shall provide the forms called for by these rules.

    Rule 10.   Form of Notice of Rejection of Award (S. Ct. Rule 95)

    Reserved


Last Updated:    9/05
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