The Mandatory Arbitration Program was approved by the Illinois Supreme Court in January 1990 as a joint effort of the judiciary, attorneys and public to help resolve disputes in a more efficient way. The Cook County Mandatory Arbitration Program resolves approximately fifty percent of cases before they reach a jury trial.
The court uses mandatory arbitration for certain types of small civil cases in which the plaintiff is seeking only money. The objective of the program is to enable the parties to quickly resolve their dispute, without resorting to a formal trial with a judge or jury, through the use of high-quality, economical hearings.
A mandatory arbitration hearing is a legal proceeding held before a panel of three Illinois-licensed attorneys (called "arbitrators") who have taken a court certified arbitrator training program. The hearing is conducted like a trial where the parties may be represented by an attorney, or they may represent themselves. The arbitrators act in place of a judge and render a decision (called "award") at the conclusion of the hearing.
If one of the parties disagrees with the award, that party may file a rejection within 30 days of the arbitration hearing. Unless a party is indigent, there is a $200 fee paid to the Clerk of the Circuit Court at the time of filing a rejection. The case is then assigned to a trial room and the dispute will be heard in court before a judge and jury.
All personal injury actions, as well as property damage and breach of contract actions (where a jury demand has been filed) seeking only money damages of $30,000 or less (exclusive of interest and costs) are assigned by a judge to the Mandatory Arbitration Program. (See Circuit Court Rule 18.3). Most cases transferred to arbitration are from the Municipal Department.
A Law Division case may be transferred by a judge to the Municipal Department at a status call or pretrial conference if the court determines that no claim in the action has a value in excess of $30,000, irrespective of defenses. A party may also amend the damages to less than $30,000 to qualify for arbitration.
A Chancery Division case may be transferred to the Municipal Department if the equitable relief has been disposed and the only remaining issues are claims for money damages under $30,000.
Arbitration hearings are not recorded; however, a party may make a stenographic record of the proceeding at their own expense. (See Circuit Court Rule 18.6(b)). Parties are also required to provide foreign language interpreters if necessary.
A hearing will last a maximum of two hours, unless the Supervising Judge for Arbitration has granted a party's request for additional time. Parties are allowed a fifteen (15) minute grace period before the arbitration panel proceeds with the hearing.
After the parties have presented their cases, the panel of arbitrators will deliberate for no longer than 30 minutes and make a written award. An award is determined by the majority of the three-member arbitration panel. If a two-member panel heard the case (by stipulation of the litigants) and cannot agree on an outcome, the chairperson's decision will prevail. Any dissenting panelist may sign without comment in the space provided on the award form.
At the conclusion of deliberations, the arbitration panel will give the award to an arbitration office staff. A staff member will permit the parties to see the award as soon as it is tendered by the arbitrators.
The arbitration office staff are not permitted give either party a copy of the award on the date of the arbitration. Instead, the parties will receive a copy of the award in the U. S. Mail from the Clerk of the Circuit Court's office. If a party does not receive a copy of the award, he or she should call the Clerk's office to inquire.
Illinois Supreme Court Rule 93 allows a party to reject an arbitration award if the rejection is filed within 30 days of the arbitration hearing and if the party pays a $200 fee to the Clerk of the Circuit Court. The fee is intended to discourage frivolous rejections.
A court, however, may enter an order debarring a party from rejecting an award if that party failed to participate in the hearing in good faith (see Illinois Supreme Court Rule 91(b)) or as a sanction for violating other applicable rules.
If no rejection is filed within 30 days of the arbitration hearing or if the party is debarred from rejecting the award, the arbitration award may be entered as a judgment of the court, terminating the case.
25.1 Application
Mandatory Arbitration will be held in those commercial and personal injury cases assigned to the
Law Division, including cases with self-represented or pro se litigants, with damages of less than
$50,000 and no retained expert witness as defined in Supreme Court Rule 213(f)(3).
a. Personal injury cases not subject to mandatory arbitration are: asbestos, construction, medical
malpractice, nursing home and product liability cases, unless the parties agree to arbitration.
b. The arbitration hearings will take place at the Cook County Mandatory Arbitration Center, 222 N.
LaSalle Street, Chicago, Illinois.
25.2 Commercial Case Defined
A commercial case is one which is assigned to the Commercial Calendar Section of the Law Division
and is
a. one which pleads cause(s) of action for, among other things, breach of contract
(including breach of loan agreements or guarantees, construction contracts, breach of warranty),
employment disputes, employment discrimination, qui tam claims, civil and/or commercial fraud,
conspiracy, interference with business relationships, or shareholder disputes.
b. Commercial cases do not include causes of action for purely equitable relief, personal injury,
divorce, criminal, real estate foreclosure, wills, housing code violations and/or evictions.
25.3 Personal Injury Case Defined
A personal injury case is one which is assigned to the Motion Section or the Individual Calendar
Section of the Law Division and is
a. One which pleads civil cause(s) of action seeking monetary damages for injuries
pursuant to common law or statutory law, including intentional torts and negligence (i.e., motor
vehicle, premises liability, Dram Shop, FELA).
b. Excused from Mandatory Arbitration are asbestos, construction, medical malpractice,
nursing home and product liability cases, unless the parties agree to arbitration.
25.4 Referral To Mandatory Arbitration, Procedure
After the defendant(s) answer(s) is/are filed in a case subject to Mandatory Arbitration and after
consultation with the parties, the referring Court shall issue a Referral to Mandatory Arbitration
Order: 2
a. The Order shall be forwarded to the Administrator, Cook County Mandatory Arbitration Center, 222
N. LaSalle Street, Chicago, Illinois.
b. The order will list the case name, case number, the names of the attorneys of record, potential
witnesses and interested parties.
c. The Order will specify whether the mandatory arbitration will be standard or expedited based on
the parties' agreement.
d. The arbitration hearing shall take place 150 days after the date of referral in "standard"
arbitrations and 90 days after the date of referral in "expedited" arbitrations.
e. The case will continue before the Court during the first 120 days if it is a "standard"
arbitration, or the first 60 days if it is an expedited arbitration.
f. The referring court has discretion to refer cases to Mandatory Arbitration when the damages
exceed $50,000, if the Court finds, after consultation with the parties, that the complexity of the
case is such that it is amenable to arbitration and if it is not otherwise excluded from Mandatory
Arbitration.
25.5 Mandatory Arbitration Hearing Procedure
Upon receipt of the order of Referral To Mandatory Arbitration, the Administrator shall:
a. randomly assign a single arbitrator qualified pursuant to Paragraph 16 infra, and
b. set a date and time for the arbitration hearing, and
c. will notify the parties of the name of the arbitrator and of the hearing date.
25.6 Arbitrator Conflicts Check
The arbitrator assigned to the case must conduct a conflict of interest review pursuant to the Code
of Judicial Conduct and the Illinois Rules of Professional Conduct, and sign a Conflicts Review
Form indicating the review has been conducted and that the arbitrator has no conflict.
a. If the arbitrator discovers a conflict, the arbitrator will immediately inform the Administrator
and withdraw from the case and
b. The Administrator will immediately and randomly assign a new arbitrator.
c. The parties' may not move to substitute an arbitrator without cause, but if any party files a
motion to substitute an arbitrator for cause, any party shall be presented to the Supervising
Judge, Mandatory Arbitration, on proper notice and motion.
25.7 Discovery Pending Arbitration
Cases referred to Mandatory Arbitration shall remain pending before the referring court and
discovery shall be conducted according to the following schedule:
a. "standard" arbitration: 120 days following the referral Order;
b. "expedited" arbitration: 60 days following the Referral Order;
c. Discovery will be stayed for 30 days prior to the arbitration hearing;
d. unless completed, discovery may resume before the referring court after rejection of an award
and prior to trial.
25.8 Required Documents for the Arbitration Hearing
a. Thirty (30) days prior to the hearing, the parties shall meet, confer and exchange the documents
listed herein, including documents a party seeks to have presumptively admitted as provided for in
9 infra, as well as any other documents a party intends to offer at the hearing.
b. Fourteen (14) days prior to the hearing the parties must submit the following documents to the
arbitrator:
i. The most current complaint, answer, counterclaim, third party complaint and affirmative defenses
and other relevant pleadings;
ii. Each party's detailed statement of the case including the legal and factual issues involved,
limited to fifteen (15) pages in length; double spaced;
iii. a list of the witnesses who are expected to testify;
iv. all documents expected or intended to be offered as evidence at the hearing, including those
requested to be presumptively admissible pursuant to 9, infra;
v. stipulations as to facts or law;
vi. reports, affidavits or summaries having proper foundation; and
vii. itemization of the damages claimed in the complaint and counterclaim;
c. Failure to submit these required documents or failure to timely submit these required documents
may be grounds for a bad faith finding against the delinquent party.
25.9 The Arbitration Hearing
The hearing for a "standard" arbitration must be completed within 150 days of the order of Referral
to Mandatory Arbitration and the hearing for an "expedited" arbitration must be completed within 90
days of the order of Referral To Mandatory Arbitration.
a. Thirty (30) days prior to the hearing, any party, seeking to have documents presumptively
admitted at the hearing, shall serve on all other parties a copy of such documents, and a written
statement that such documents will be offered into evidence
as presumptively admitted. If this procedure is complied with, the following documents will be
admitted into evidence without further foundation or other proof:
i Medical records and reports of hospitals, doctors, dentists, registered nurses, licensed
practical nurses, and physical therapists, or other healthcare providers. ii bills, for example:
medical treatments, physical therapy, drugs, medical appliances and prostheses, etc. (specified as
"paid" or "unpaid");
iii property repair bills or estimates, itemized and setting forth the charges for labor and
material used or proposed for use in the repair of the property;
iv employer's report or other records of time lost from work or lost compensation and rate of
pay,
v written statements and/or depositions of witness(es), which the witness(es)
would be allowed to express if testifying in person. Witness(es) statement(s) must be supported or
made by affidavit or by certification as provided in section 1-109 of the code of civil procedure;
vi other documents not specifically covered by any of the forgoing provisions, and
which are otherwise admissible under the rules of evidence.
vii All documents referred to in this provision must be accompanied by a summary cover sheet which
lists:
1 Each included item,
2 The money damages incurred in each category and
3 A notation as to whether each bill is paid or unpaid.
b. All documents in Section 8 and 9 herein shall be submitted to the arbitrator no later than
fourteen (14) days prior to the hearing.
c. The hearings will be held during a four-hour period.
d. The Illinois Rules of Evidence shall apply to the hearing, except that the arbitrator may, in
the exercise of sound discretion, relax application of the rules in the interests of fairness and
efficiency, provided that due process is accorded to all parties.
e. Immediately prior to the commencement of the hearing a pre-hearing conference will be held where
the arbitrator, after consultation with the parties, will decide:
i. Which exhibits will be admitted into evidence;
ii. how and whether to narrow the issues to be arbitrated;
iii. the format of the hearing, including time limits for each side's presentation;
iv. rules and procedures, as the arbitrator deems appropriate, such as: time limits for the
production of each party's evidence; whether summaries of direct examination will be admitted;
whether affidavits or summary exhibits may be used at the hearing and other such rules and
procedures.
f. The arbitrator will structure the hearing and pre-arbitration conference so as to afford due
process to the parties.
g. The witnesses who testify at the hearing shall be sworn under oath.
h. No telephonic appearance of parties or attorneys will be allowed, without good cause shown, upon
notice and motion brought before the Supervising Judge, Mandatory Arbitration.
i. The arbitrator may not be called as a witness for any reason relating in any way to the
arbitration.
j. An interpreter will be provided if written notice is given to the Administrator 14 days prior to
the scheduled hearing.
k. At the conclusion of the hearing, both parties shall submit a summary of the legal fees each
incurred in connection with the arbitration to be used, if necessary, pursuant to Paragraph 11(d ),
infra.
i. Failure to submit a summary of legal fees will constitute a waiver of those fees for purposes of
Paragraph 11(d ), infra.
ii. "Legal fees incurred" means reasonable fees incurred during the period
commencing with the stay of discovery in the referring court through the conclusion of the
arbitration hearing and the rendering of the award.
25.10 The Award
The arbitrator will issue an award (the decision) based on the evidence presented at the hearing
and prepare an Award Form.
a. The Award Form will consist of the name and case number, date of the hearing, attorneys who
appeared at the hearing and the arbitrators, without written opinion.
b. The arbitrator must file the Award Form with the Administrator by 5:00 p.m. on the second
business day following the conclusion of the hearing.
c. The Administrator will send a copy of the Award Form to the parties of record within one
business day of the Administrator's receipt thereof.
25.11 Rejection of the Award
Either party may reject the award if the rejecting party does so within fourteen (14) calendar days
after receiving the notice of the award from the Administrator.
Thereafter, and on the date specified in the trial court's order of Referral To Mandatory
Arbitration, the case will be returned to the trial judge for further proceedings or for the entry
of judgment on the award. 6
a. To reject an award, the rejecting party must fully complete a Rejection Form and file it with
the. Clerk of the Circuit Court in Room 801, Richard J. Daley Center accompanied by a $750
rejection fee.
b. The Rejection Form shall contain the case name and number, the arbitrator's name, date of the
arbitration hearing, date and amount of the award and must be signed the rejecting party and by the
rejecting party's attorney of record.
c. Failure to timely and properly reject the Award as provided herein will constitute a waiver of
the party's right of rejection.
d. If the party rejecting the award fails to obtain a better result at trial. The party rejecting
the Award shall pay the other party's reasonable legal fees incurred in connection with the
arbitration, which must be submitted by both parties at the arbitration hearing pursuant to
Paragraph 9k supra .
e. After trial of the case, the Supervising Judge, Mandatory Arbitration will rule on whether the
fees are submitted under Paragraph 9(k) supra are reasonable, pursuant to a motion properly
noticed.
25.12 Party Acting In Bad Faith
If the arbitrator certifies that any party acted in bad faith because a party:
a. willfully refused to attend the arbitration hearing,
b. willfully refused to participate in the hearing, or
c. has otherwise acted in bad faith in connection with the mandatory arbitration, the case will
immediately be sent to the Supervising Judge, Mandatory Arbitration for a hearing.
d. If the Supervising Judge finds the party acted in bad faith, the Supervising Judge may sanction
the party up to $1,000.
e. The arbitrator may not be called as a witness in this hearing.
25.13 Supervising Judge Mandatory Arbitration
The Presiding Judge of the Law Division will appoint one or more Supervising Judges, Mandatory
Arbitration, who will hear motions relating to the arbitration process, such as motions to continue
the arbitration, arbitrator disqualification, bad faith sanctions, but not including those relating
to the conduct of the hearing or the admission of evidence at the hearing.
25.14 No Extensions of Time
No extensions or continuances of the 150 day (''standard arbitration") or 90 day ("expedited
arbitration") time period within which arbitration must be conducted will be permitted, absent
exigent circumstances.
25.15 Arbitrator Fee
Arbitrators will be paid $300 per arbitration.
25.16 Arbitrator Qualifications
a. Commercial Arbitrator: To be selected as an arbitrator in Commercial Cases in the Mandatory
Arbitration Program one must:
i. be a licensed attorney proficient in commercial law and/or commercial law arbitration;
ii. Have commercial litigation experience; have been in practice for seven years;
iii concentrates his or her practice in commercial law; and
iv successfully completed the Law Division Mandatory Arbitration training seminar approved by the
Arbitrator Selection Committee.
b. Personal Injury Arbitrator: To be selected as an arbitrator in personal injury cases in the
Mandatory Arbitration program one must:
i. Be a licensed attorney proficient in personal injury law or personal injury law
arbitration;
ii. Have personal injury litigation experience;
iii. Have been in practice for seven years;
iv. Concentrate his or her practice in personal injury law; and
v. Successfully complete the Law Division Mandatory Arbitration training seminar approved by the
Arbitrator Selection Committee.
c. Exceptions may be made by the Arbitrator Selection Committee for attorneys without all of the
above experience if they demonstrate particular qualifications to be commercial law or personal
injury law arbitrators and if they have successfully completed the Law Division Mandatory
Arbitration training seminar approved by the Arbitrator Selection Committee.
a. Retired judges qualify as Law Division commercial arbitrators or personal injury arbitrators if
they heard commercial cases or personal injury cases while active as a judge and if they
successfully completed the Law Division Mandatory Arbitration training seminar approved by the
Arbitrator Selection Committee.
b. Each lawyer or retired judge seeking to be a Law Division arbitrator must complete a form
listing his or her qualifications and submit it to the Arbitration Administrator who, after review,
will send it to the Arbitrator Selection Committee for approval.
c. All applicants for arbitrator must attend a training seminar approved by the Arbitrator
Selection Committee.
25.17 Arbitrator Selection Committee
The Arbitrator Selection Committee will consist of the judges in the Commercial Calendar Section of
the Law Division and the judges in the Motion Section of the Law Division as well as others
appointed by the Presiding Judge of the Law Division. The Committee will select the arbitrators
after recommendation and review by the Arbitration Administrator.
a. The Committee will review the qualifications of individuals applying to be
arbitrators.
b. The Committee will review the performance of each arbitrator every twelve months and will decide
whether each should be retained as a Law Division arbitrator.
Adopted Nov. 26, 2014, eff. Dec. 1, 2014; amended April 1, 2021; eff. immediately
ADOPTED BY A MAJORITY OF THE JUDGES OF
THE CIRCUIT COURT OF COOK COUNTY