The judge in your case will assign the case to the arbitration calendar after the discovery closure date.  The discovery closure date is the day by which all the facts of the case and evidence you are going to need to use must be revealed or exchanged between the parties.  A Supervising Arbitration Judge in each courthouse is in charge of the mandatory arbitration proceedings in their respective location.  The arbitration hearing date and time are generated by the Clerk's Office no earlier than thirty days after discovery closing. You should receive a notification card in the mail about sixty days before the scheduled arbitration hearing.

Please note that if your case is set for arbitration with an order issued by the Supervising Arbitration Judge, you will not receive a notice of your hearing date in the mail.  A copy of the order substitutes for the notice. 

IMPORTANT: Make sure that Clerk's Office has your correct address and telephone number on file so the arbitration notice will be sent to the right place.

You need to call the Clerk of the Circuit Court at 312-603-5116 or check the electronic docket of your case on the Clerk's Office website at: www.cookcountyclerkofcourt.org to make sure that your case was transferred to the arbitration calendar. 

IMPORTANT: You are responsible for following the progress of your case and being aware of scheduled hearings. The arbitration staff may call you as a courtesy the day before to confirm your hearing, but you are responsible for attending your hearing regardless.

It is a good idea to call the Arbitration Center at the courthouse in which your cases is pending (or the Arbitration Center in Chicago) during their scheduled hours of operation the day before your scheduled hearing to make sure that your case will take place.

IMPORTANT: Remember to have your case number handy whenever you are requesting information about your case.

Only the Supervising Arbitration Judge can reschedule an arbitration hearing. You must file a proper motion to reschedule or continue your arbitration hearing by spindling (filing) the motion in the Clerk's Office, Room 601 of the Richard J. Daley Center, 50 West Washington Street, Chicago, or in the Clerk's Office at the suburban courthouse where your case is being heard.  Once you do that, the Clerk will set your motion for the Supervising Arbitration Judge's motion call.  If your motion is granted, the judge will give you a new hearing date.  You can also reschedule an arbitration hearing by appearing in court on an emergency motion. Emergency motions to change arbitration hearing dates do not need to be filed with the court but you do need to tell the other side in your case (at least the day before) that you plan to make the emergency motion. You can contact the Arbitration Center at the courthouse in which your case is pending for specific information on the emergency motion call for your location. Only the Supervising Arbitration Judge can decide if your motion meets the emergency criteria.

IMPORTANT: You cannot continue your arbitration hearing after you arrive at the Arbitration Center for your hearing. Arbitrators are not able to hear any motions to reschedule - they are heard only by the Supervising Arbitration Judge for the courthouse where your case is pending.

You are not required to hire an attorney, and you may choose to represent yourself (to act as a pro se litigant) in your lawsuit. However, you need be familiar with all the appropriate legal rules and all the procedures followed which apply to mandatory arbitration proceedings.

IMPORTANT: You are responsible for any legal mistakes you make, which may in turn affect the outcome of your lawsuit.

A mandatory arbitration proceeding is governed by Illinois Supreme Court Rules 86 through 95 and Local Rules of the Circuit Court of Cook County 18.1 through 18.11. You may find these rules at the Circuit Court of Cook County Libraries located on the 29^th floor of the Richard J. Daley Center, 50 West Washington Street, Chicago, and in Municipal Districts Two, Four, Five and Six, or on-line at www.cookcountycourt.org.

Court clerks and the Arbitration Center staff are not allowed to give any legal advice. Upon request, clerks in the arbitration courtrooms or any of the Arbitration Centers can provide you with the Circuit Court of Cook County Mandatory Arbitration Handbook which was created for people who choose to represent themselves, and a list of low-cost or no-cost legal referrals.  The handbook is also available on line at www.cookcountycourt.org.

Yes, you can observe an arbitration hearing. Arbitration hearings are open to the public and you can observe the proceedings in a respectful manner; it will give you an idea of what to expect at your own proceeding. Let the arbitration center staff know that you would like to observe a hearing, and you will be directed to one of the hearing rooms.

IMPORTANT: Please be on time. Check-in begins 30 minutes prior to the start of arbitration hearings.  You will not be allowed to enter the hearing rooms after proceedings begin as it is disruptive to the hearing process. To make sure you know what times you can see cases, you should contact the Arbitration center to find out the times of arbitration hearings.

The Circuit Court of Cook County Mandatory Arbitration Center is located on the 13^th floor in a private building located at 222 N. La Salle Street, in Chicago, Illinois, for First Municipal District (Chicago) cases.  Arbitration hearings on cases pending in a suburban courthouse will be heard at the respective suburban courthouse.  For the Arbitration Center downtown, you will need to check-in at the reception desk, which is located in the lobby of the building, and present building security with a picture ID in order to receive a pass allowing you to access the 13^th floor elevators.  For the suburban courthouses, you will be required to pass through the regular courthouse security lines with all other visitors.

IMPORTANT: Please arrive early as you may experience a delay for security, and you must be on time for your case.

Upon your arrival for arbitration, you will be required to check-in with the staff at the front desk. Please have your name and case number ready. Check-in begins 30 minutes prior to the time set for your arbitration hearing.  After you have checked-in, the staff will direct you to your designated hearing room.  Please remember it is your responsibility to make sure you arrive in your assigned room on time and ready to begin.

IMPORTANT: For First Municipal District (Chicago) cases, the downtown Arbitration Center has eleven hearing rooms that allow many hearings to be conducted at the same time. Check-in is very important as the arbitration staff needs to be aware about your presence.

You need to call the Arbitration Center where your hearing is pending so that the arbitration staff is aware that you are on the way. The hearing is expected to start in a timely manner but the administrator may wait for a party to appear before proceeding with the hearing.  Please note, however, that you are allowed only a maximum of a fifteen-minute grace period to arrive for your hearing. 

IMPORTANT: You will be penalized for your tardiness. This is done by deducting the amount of late time from your presentation.

No. The Cook County Circuit Court does not provide interpreters for arbitration hearings. It is your responsibility to arrange for one prior the hearing.

IMPORTANT: You should consider arranging for a "competent" interpreter for your hearing as the opposing party may object to a friend or family member interpreting for you.

If a party fails to appear, the hearing will go forward ex-parte (without all parties present) and the appropriate award will be entered. The party present will not automatically win. An award will be entered based on the evidence produced.

IMPORTANT: Pursuant to Supreme Court Rule 91, the non-appearing party waives the right to reject the award and consents to entry of a judgment on the award.

The arbitrators will enter an award in favor of the defendant.

The hearing will take no longer than two (2) hours and the award must be determined no longer than two-and-a-half hours after the hearing begins.

IMPORTANT: Only the Supervising Arbitration Judge, upon a filed motion, may allow extra time for the hearing.

Arbitrators are licensed attorneys and retired judges who meet all statutory requirements to serve on the arbitration panel and who have been assigned to a hearing sixty days prior to its occurrence. The arbitration staff may call arbitrators on an emergency basis to substitute for attorneys who are unable to serve on the day they were assigned.

IMPORTANT: The arbitration panels consist of three people. However, upon stipulation (agreement) of the present parties, the hearing may be conducted by two arbitrators.

No, you are not allowed to request a change of an arbitrator. They are randomly selected and placed to ensure against prejudice and bias.  Arbitrators find out which case they are hearing on the day of the hearing.  However, arbitrators are bound by the Code of Judicial Conduct and if after reviewing the file, they believe that in their own discretion there is conflict of interest, they may withdraw themselves from the case.

The arbitration hearing is an informal mini-trial, conducted by a panel of three people who are not judges, although some arbitrators are retired judges no longer serving on the bench. One of the panelists, the chairperson (arbitrator in charge of the panel) acts in a similar way to a judge and rules on objections to evidence or other issues which arise during the hearing.  Arbitrators, in accordance with Illinois Supreme Court Rule 90(a), have the power to administer oaths and affirmations to witnesses, to determine the admissibility of evidence and to decide the law and facts of the case.

IMPORTANT: The order of hearing is as follows:

Plaintiff's Opening Statement
Defendant's Opening Statement
Plaintiff's Case-in-Chief (party presents evidence to support its claim)
Defendant's Case-in-Chief (party presents evidence to support its defense)
Plaintiff's Closing Argument
Defendant's Closing Argument
Rebuttal (response to opposition's evidence)

Each party determines which evidence needs to be presented for his or her claim or defense. It is very important that each pro se litigant (a litigant representing himself or herself) is familiar with and follows the established rules of evidence and Illinois Supreme Court Rule 90 (c) and 90 (d) which specify what documents can be presented at the arbitration hearing.  Illinois Supreme Court Rule 90 requires that the copies of all documents be sent to all parties with a written notice to offer those documents at least thirty days prior to the scheduled arbitration. This means that you must send the opposing party a copy of the documents you intended to use at the hearing at least 30 days before your scheduled hearing.   

IMPORTANT: As a courtesy to the panel, you should prepare three copies of all the evidence you are planning to present at the hearing so the panel can have the copies to reference during their deliberations.

All parties to an arbitration hearing are required to attend and participate in the arbitration in accordance with Illinois Supreme Court Rule 91(b).  This rule requires good faith participation and prevents parties and lawyers from abusing the arbitration process and making it meaningless. 

IMPORTANT: Sanctions (penalties) against bad-faith participation may prevent a party from rejecting the award.

In the case that a settlement is reached before the arbitration hearing, and neither of the parties presented their case at the hearing, the arbitrators will find in favor of the defendant. The arbitrators will make a notation on the award that parties did not present their case due to a settlement.

IMPORTANT: An order dismissing and settling the case may only be entered by the Supervising Arbitration Judge.  Arbitrators cannot enter dismissal orders or settlement agreements.

No. You have the remedy of rejecting the award and right to proceed with your case to trial if you believe that the panel made errors or there was bias or prejudice on the part of any member of the panel.

The panel will decide the award at the conclusion of the arbitration hearing. The award must be signed by all arbitrators and must include all claims, attorneys' fees, costs and interest. A dissenting opinion (a disagreeing vote) may be noted on the award as well, but dissents are without comment.

No. Arbitrators, according to the Code of Judicial Conduct, are not allowed to communicate with the parties.

No. The arbitration center forwards the original award to the Clerk of the Circuit Court, who is responsible for serving notice of the award to all parties by mail.  Please remember that providing the Clerk's Office with your correct address will ensure that you receive your award. However the Center keeps copies of awards for one week after the arbitration so you can see the award before it is mailed to you.

IMPORTANT: The arbitration center cannot make copies of awards for parties.

According to Illinois Supreme Court Rule 93, any party present at the arbitration hearing may file a written notice of rejection of the award and request for a trial within 30 days following their hearing. You may do this in person or through your attorney.

 IMPORTANT: You will be charged a $200 rejection fee upon filing a rejection unless you have been deemed indigent by the court.

If you cannot afford to pay the rejection fee, you can fill out an application to be deemed an indigent person by the court under Illinois Supreme Court Rule 298.  If you have a case in the First Municipal District (Chicago), this application must be filed in the First Municipal District Presiding Judge’s Office in Room 1301 of the Richard Daley Center. If your case is pending in a suburban courthouse, this application must be filed in the Presiding Judge's Office of the appropriate courthouse where your case is pending.  If your application to be deemed an indigent person is accepted and entered by the court, the rejection fee may be waived.

IMPORTANT: There are federal guidelines, which need to be met, in order for you to qualify for the waiver of the fees.

The 30-day period begins to run from the date the award is filed with the Clerk of the Circuit Court, which is the date the hearing was held.  Please note that you will not be allowed to file a rejection after this 30-day period has passed.

IMPORTANT: About 45 days after the arbitration hearing is held, a case in which the arbitration award is rejected will be set on the Judgment of Award Call before the Supervising Arbitration Judge to be assigned for a trial. The Judgment of Award date appears on the bottom of the award.

No. A judge must enter judgment on the award to make it a final order. The judgment is entered at the Judgment of Award Call that is listed on the bottom of the award form.

IMPORTANT: If neither party appears on the Judgment of Award Call, the case will be dismissed for want of prosecution.

Yes. The parties are allowed to voluntarily dispose of the matter at any time prior to an entry of judgment. Dismissal orders are entered by the Supervising Arbitration Judge before which your case is pending.  These orders are processed on a walk-in basis. A dismissal order may be also entered on the Judgment of Award Call.

IMPORTANT: If a defendant moves to dismiss the matter, he needs to attach an original stipulation to dismiss to the dismissal order (an agreement to terminate the case signed by the parties).

A settlement order needs to be entered before your Supervising Arbitration Judge as the arbitrators cannot enter a settlement agreement.  In accordance with Cook County Circuit Rule 18.10, once the settlement order has been entered it must be forwarded to the appropriate arbitration center so that the case can be taken off the docket.

No. Arbitrators are prohibited from being called as a witness at a trial of the case they arbitrated in accordance with Illinois Supreme Court Rule 93 (b).

No. Any references to the arbitration proceedings cannot be made with accordance to Illinois Supreme Court Rule 93.  However, the award is part of the official court record and could be reviewed by the trial judge.

Cases that fall under local Circuit Court Rule 18.3 are assigned to the arbitration judge(s) in Courtroom 1501 of the Richard J. Daley Center or to the appropriate arbitration judge in the respective suburban district where your case is being heard.  Actual arbitration hearing dates are assigned by a computer program tied to discovery closure dates and, by rule, must be at least 30 days after discovery has closed.

Notices for arbitration hearings are sent to all attorneys of record according to appearances on file with the Office of the Circuit Clerk of Cook County.  Per rule, notice must be sent at least 60 days before a scheduled arbitration hearing date.  Please note that it is important to keep your firm's attorney code information up to date with the Office of the Circuit Clerk which sends arbitration notices to the address your firm has listed with the Clerk.

Arbitration hearing dates and times may only be continued by a properly executed order of court.  Once you have seen the appropriate arbitration judge for your case, you are responsible for delivering a courtesy copy of the stamped court order to the arbitration center where your case is scheduled to be heard (Circuit Court Rule 18.10).  Please note that arbitrators are not allowed to grant continuance motions.

Cases may only be removed from the arbitration calendar by presenting a properly executed dismissal order to the staff in the arbitration center where your hearing was scheduled to held.  You must do this before the time your hearing is scheduled to begin.  Please note that arbitrators are not allowed to grant motions to dismiss cases.  You must present your motion before the appropriate arbitration judge for your case, have it entered with the court, and deliver it to the arbitration staff. All of these steps must be completed before the hearing in order for your case to be removed from the arbitration calendar.

Arbitration hearings are held at either222 North LaSalle Street, 13^th Floor, Chicago, Illinois, 60601 for all cases filed in Municipal District One (Chicago), or at the in Suburban Municipal Districts Two through Six for cases filed in the suburbs.  [Link here to separate courthouse pages?]  The arbitration notice will show the location of your arbitration hearing as well as the date and time of your case.  Please note on the day of your hearing you must check in with the arbitration staff in the correct arbitration location; they will direct you and your clients to the appropriate hearing room.  Arbitration hearings begin on time.  Although a 15-minute grace period is given to accommodate attorneys or litigants who may be running late, these are formal court hearings and professionalism dictates that attorneys should ensure that they arrive in a timely manner.  The Illinois Supreme Court has held that attorneys and litigants must participate in these hearings in good faith and arriving late in some instances can jeopardize this finding.  See Illinois Supreme Court Rule 91 (a) and 91 (b) and Committee Comments.

Attorneys are not required to send courtesy copies of their 90(c) packet to the arbitration center in advance of their hearing date.  Please come to your hearing prepared with three (3) courtesy copies of your packet (one for each panel member) because you will not be able to make copies on site.

Arbitrators are assigned to cases randomly by the arbitration staff.  Each panel will have three members with one person designated as the chairperson.  Arbitration awards are collectively decided by the panel.  The arbitrators should introduce themselves to you at the beginning of the hearing; the arbitration staff can assist you if you fail to get this information.  Please note that attorneys are not allowed to ask an arbitrator to recuse him or herself from a panel.  See Illinois Supreme Court Rule 87(c) and Committee Comments.  Arbitrators should withdraw from any case if they personally feel there are grounds for disqualification found in the Illinois Code of Judicial Conduct.

In numerous instances, the Illinois Supreme Court has maintained that an arbitration hearing should be a final resolution in the case.  Supreme Court Rule 90(g) mandates that a party may be absent if his or her presence is waived by stipulation of the parties or excused by court order for good cause at least seven (7) days before the hearing.  In all the arbitration locations in Cook County, litigants may testify via telephone only if a properly executed court order is presented in advance of the arbitration hearing to the arbitration staff.  Please note that only the arbitration judges can grant this motion; it cannot be agreed to by the lawyers.  Orders for telephonic testimony must be forwarded to the arbitration staff immediately upon entry by the judge because there are a limited number of hearing rooms capable of holding telephone arbitrations.

Attorneys are responsible for their clients calling the arbitration center at their own expense.  The arbitration hearing rooms do not have phones with outside lines (meaning they cannot "dial out"), nor can the arbitration center/courthouse accept collect calls.

Arbitration awards are official court documents that are maintained as part of the official court record.  Under Circuit Court Rule 18.7, the arbitration staff will file the award with the Clerk of the Circuit Court once the hearing is complete.  The Office of the Clerk of the Circuit Court is responsible for issuing and sending out notices of award to all parties of record in each case.  Please remember that the Clerk can only send notices to the address on file for your firm; it is vitally important to keep your information up to date with the Clerk's Office to get notices of award in a timely manner.

Notices of rejection are filed with the Office of the Circuit Clerk and must be filed within 30 days of the entry of an arbitration award per Illinois Supreme Court Rule 93.  The fee associated with filing a notice of rejection is $200.00, because Circuit Court Rule 18.3 provides that awards in Cook County may not exceed $30,000.  Fees must be paid at the time of filing the notice of rejection.