Part 1.00 Mandatory Arbitration Rules amended 04-16-25

7-1.01 Actions Subject to Mandatory Arbitration (Supreme Court Rule 86)

Mandatory Arbitration proceedings are undertaken and conducted in the Circuit Court of the Nineteenth Judicial Circuit, pursuant to Orders of the Illinois Supreme Court dated December 19, 1988, November 27, 1990, November 22, 1993, and January 17, 2022. The current jurisdictional limit of cases subject to Mandatory Arbitration in the Nineteenth Judicial Circuit is $50,000.
Mandatory Arbitration proceedings are a part of the underlying civil action, and therefore, all Rules of Practice contained in the Illinois Code of Civil Procedure and the Illinois Supreme Court Rules shall apply to these proceedings.
All civil actions, except confessions of judgment on promissory notes, will be subject to mandatory arbitration if each claim is exclusively for money in an amount exceeding $10,000 but not exceeding $50,000. These dollar amount are inclusive of attorney's fees and exclusive of statutory interest, and costs.
Every Complaint or Counterclaim filed shall contain specific prayers for relief except that in actions for injury to the person no ad damnum may be pleaded except to state whether the damages sought are: (1) greater than $10,000 but not exceeding $15,000; (2) greater than $15,000 but not exceeding $50,000; (3) greater than $50,000.
Any case not assigned to an arbitration calendar, including cases transferred from another jurisdiction, may be ordered to arbitration at a status call, pre-trial conference, or upon receipt from another jurisdiction, when it appears to the Court that any claim in the action has a value exceeding $10,000, and that no claim in the action has a value in excess of $50,000 including attorney's fees but excluding interest and costs. Within fourteen (14) days of such determination any such case shall be transferred to and set on the motion call of the Supervising Judge of Arbitration, at which time an arbitration hearing date shall be scheduled no more than one hundred and eighty (180) days from the date of such transfer. In cases transferred from another jurisdiction it shall be incumbent upon the clerk to provide timely Notice of such hearing to all parties of record.
Section E above shall allow the ordering to arbitration of cases filed prior to the effective date of these Local Rules as amended.
The award of the arbitration panel shall be limited to the amount originally prayed for in the Complaint, Counterclaim, or Third Party Complaint, unless prior to the arbitration hearing, leave of Court is given to increase the ad damnum with the appropriate difference in filing fee paid. In no event shall the award be in excess of $50,000 including attorney's fees, but exclusive of interest and costs.
Small claims cases in which a Jury Demand is filed shall be subject to mandatory arbitration pursuant to LCR 3-1.05.

7-1.02 Appointment, Qualification and Compensation of Arbitrators (Supreme Court Rule 87)

All retired judges that are licensed to practice law in Illinois shall be eligible for appointment as approved arbitrators as well as arbitration panel chairpersons, upon filing the appropriate application form with the Arbitration Administrator.
All attorneys licensed in Illinois who reside in, maintain offices in, or practice in the Nineteenth Judicial Circuit, shall be eligible for appointment as arbitrators after filing the appropriate application form with the Arbitration Administrator. Applicants must have engaged in the active practice of law for a minimum of two (2) years within the five years (5) immediately preceding the filing of the application and must attend arbitration training prior to approval as arbitrators by the Chief Judge or their designee.
The Arbitration Administrator shall maintain a list of approved arbitrators. These arbitrators will be randomly selected on a rotating basis. The list shall also identify those arbitrators who are approved to serve as chairpersons by the Chief Judge or their designee. Every panel of arbitrators shall be chaired by a member of the Illinois bar who has either been engaged in trial practice for at least five (5) years within the preceding ten (10) years of the filing of the application, heard twenty (20)arbitration cases as part of an arbitration panel, or is a retired Judge. Arbitrators must submit a separate application to the Arbitration Administrator for approval to serve as chairperson. Except for emergency calls, Notice of the date set for arbitration shall be provided to the arbitrators not less than forty-five (45) days prior to the scheduled date. Each panel will consist of three (3) arbitrators, or a two (2) arbitrator panel may be agreed upon by the parties in writing through a stipulation. The eligibility of each attorney to serve as an arbitrator may, from time to time, be reviewed by the Arbitration Administrator and determined by the Chief Judge or their designee.
Not more than one member or associate of a firm, office or association of attorneys shall be appointed to the same panel or arbitrators. Upon assignment to the case, an arbitrator shall notify the Arbitration Administrator and withdraw from the case if any grounds appear to exist for disqualification pursuant to Illinois Code of Judicial Conduct.
Each arbitrator shall take an oath of office in conformity with the form provided in Supreme Court Rule 94. In addition, an arbitrator may not be contacted, nor publicly comment, nor respond to questions regarding a particular arbitration case heard by that arbitrator during the pendency of that case and until a final Order is entered and the time for appeal has expired.
Upon completion of each day’s arbitration proceedings, the Arbitration Administrator will process the necessary vouchers for paymentf the arbitrators through the Administrative Office of the Illinois Courts. Each arbitrator will be compensated in accordance with the requirements of the Supreme Court Rules.

7-1.03 Summons and Scheduling of Hearings (Supreme Court Rule 88 and 101)

Every original Summons shall be made returnable before the Supervising Judge of Arbitration on a specified return date to be set by the Clerk of the Circuit Court not less than forty (40) days nor more than sixty-one (61) days after the issuance of the Summons.
All parties shall appear in court on every return date unless otherwise excused by Order of Court. On the original or any continued return date, the Court may enter Orders consistent with Illinois Supreme Court Rule 218, schedule the arbitration hearing, and set a post-arbitration status date. The Order scheduling the arbitration hearing and the post-arbitration status date shall be served upon all parties in accordance with LCR 2-1.07.
In the event Defendant, after service of process, fails to file an Appearance or otherwise plead on or before the return date set forth in the Summons, the Plaintiff shall appear before the Supervising Judge of Arbitration on the return date for the purpose of obtaining a Judgment, or an Order of Default and a date for prove-up.
If Plaintiff fails to appear on the original return day or any continued date thereof, the case may be dismissed for want of prosecution without further Notice.
In the event Plaintiff has failed to obtain timely service of process on any Defendant by any return date, Plaintiff shall appear before the Supervising Judge of Arbitration on the return date and may request the issuance of an alias Summons and rescheduling the arbitration hearing date, if necessary. Any parties whose presence was previously excused shall be provided Notice of the entry of said Order.
In the event Plaintiff has failed to obtain service of process on all Defendants by means of an original or alias Summons more than ninety days after the date of filing, and the Court finds that the Plaintiff has failed to exercise reasonable diligence to obtain service on any Defendant, the Court may dismiss the action as to such unserved Defendant pursuant to Supreme Court Rule 103(b).
Upon the timely filing of any amended Complaint, any Counter Complaint or any Third Party Complaint with an ad damnum not in excess of $50,000, the filing party or their counsel shall be required to appear before the Supervising Judge within ten days of said filing for the setting of appropriate dates to allow the Clerk to issue Summons and for any other Order(s) the Court deems appropriate. The Clerk shall not issue Summons on the above pleadings until return dates have been set by the Court.
Any party to a case may request advancement or postponement of a scheduled arbitration hearing date by written Notice and Motion to the circuit clerk for presentment to the Supervising Judge or Arbitration. Additional Notice must also be provided to the Arbitration Administrator. Hearing on the Motion shall be scheduled before the Supervising Judge of Arbitration, not less than seven (7) days prior to the arbitration hearing date. The Motion shall contain a concise statement of the basis upon which a change in the arbitration hearing date is requested. The Supervising Judge of Arbitration may grant such advancement or postponement upon good cause shown. All confirmed changes to a scheduled arbitration hearing pursuant to an Order of the Court must be provided in writing to the Arbitration Administrator.
Consolidated actions shall be heard on the date assigned to the latest case involved.
In-Person/Hybridarbitration hearings are scheduled on Tuesday, Wednesday, or Thursday at 9:00 a.m. and/or 11:00 a.m.
Fully Remote/Zoom arbitration hearings are scheduled on Tuesday, Wednesday, or Thursday at 10:00 a.m.

It is the stated public policy of the mandatory arbitration proceedings of this Circuit that cases to be heard by an arbitration panel will require two (2) hours or less for presentation of evidence. Any party seeking an arbitration hearing of more than two (2) hours must first obtain authorization by Order of Court and then tender the Order to the Arbitration Administrator at least seven (7) days prior to the arbitration hearing. If the Court authorizes arbitration hearings of more than two (2) hours, the Supervising Judge of Arbitration shall set the case for a 9:00 a.m. arbitration hearing and the Arbitration Administrator shall arrange for an extension of time of the scheduled arbitration hearing. Failure of the parties to advise the Arbitration Administrator in a timely fashion of changes of appearances or additions of parties or of counsel, or of the need for additional time may result in the imposition of sanctions including the taxing of arbitrator’s fees and costs at the discretion of the Supervising Judge of Arbitration.

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7-1.04 Discovery (Supreme Court Rules 89 and 222)

A Plaintiff shall comply with the disclosure requirements of Supreme Court Rule 222 at the time the Complaint is filed, and each Defendant shall so comply within the time allotted by the Case Management Order.
Discovery shall be conducted in accordance with the Case Management Order and shall be completed prior to the arbitration hearing. No Discovery shall be permitted after the hearing, except upon leave of Court and good cause shown.
All parties shall supplement discovery in a timely manner according to the provisions of Supreme Court Rule 222 as to those cases to which said Rule applies. Failure to file or serve the disclosure statement as the Court may order prior to the arbitration hearing, may result in the imposition of sanctions as prescribed in Supreme Court Rule 219(c), including a dismissal for want of prosecution without Notice.

7-1.05 Conduct of the Hearing (Supreme Court Rules 90 and 91)

Hearings shall be conducted in general conformity with the procedures followed in civil trials. The chairperson shall administer oaths and affirmations to witnesses. Rulings concerning the admissibility of evidence and applicability of law shall be made by the chairperson upon consultation with the panel arbitrators. Rulings granting findings at the close of the Plaintiff’s case or upon the close of all proof shall be granted by agreement of a majority of the arbitrators.
At the commencement of the hearing, the attorneys for the parties will provide a brief written statement of the nature of the case which shall include a stipulation as to all of relevant facts to which the parties agree. The stipulation shall include, if applicable, relevant contract terms, dates, times, places, location of traffic control devices, year, make and model of automobiles or other vehicles, equipment or goods and products which are involved in the litigation and other relevant and material facts. A stipulation to liability shall be binding on the parties at an eventual trial, if a rejection is filed. The time devoted to the presentation of evidence should be limited to those facts upon which the parties genuinely disagree. Counsel shall provide the arbitration panel with copies of any legal authority upon which they rely.
Established rules of evidence shall be followed in all hearings before arbitrators, except as provided in Supreme Court Rule 90.
The failure of a party to be present at an arbitration hearing, either in person or through counsel, shall be governed by the provisions of Supreme Court Rule 91(a).
All parties to the arbitration hearing must participate in the hearing in good faith and in a meaningful manner as provided in Supreme Court Rule 91(b).
A stenographic record or recording of the hearing shall not be made unless a party does so at the party’s own expense. If a party has a stenographic record transcribed, the original must first be filed, a copy of which shall be furnished to any other party requesting same upon payment of a proportionate share of the total cost of the making of the record or recording and the duplication of same. The party providing the reporter shall inform the chairperson of the reporter’s name, address and reporting firm before commencing. No sound recording equipment shall be allowed in the arbitration hearing except as utilized by a court reporter.
Any party requiring the services of a language interpreter during the hearing shall file and present a motion requesting provision of an interpreter not less than 30-days prior to the hearing.
Any party requiring the services of a sign-interpreter or other assistance for the deaf or hearing impaired during the hearing shall notify the Arbitration Administrator of said need of a sign interpreter or other assistance not less than 30-days prior to the hearing.
Hearings are to be conducted to facilitate disclosure of all relevant evidence and to obtain substantial justice for all of the parties.
All exhibits admitted into evidence shall be retained by the panel until the entry of the award. It is the duty of the attorneys or parties to retrieve such exhibits from the Arbitration Administrator within seven (7) days after the entry of Judgment, Notice of Rejections, or Order of Dismissal. All exhibits not retrieved shall be destroyed.

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7-1.06 Award and Judgment on Award (Supreme Court Rule 92)

After each hearing, the arbitrators shall promptly make an award in favor of the Plaintiff(s) or Defendant(s). The award shall dispose of all claims for relief. The award on each claim may not exceed the amount prayed for in the Complaint or Counterclaim and in no event may the award be more than $50,000 including attorney's fees but exclusive of interest and costs. The award shall be signed by the arbitrators or the majority of them. A dissenting vote without further comment may be noted.
In the event a panel of arbitrators unanimously finds that a party has violated the good faith provisions of Supreme Court Rule 91(b), such findings, accompanied by a factual basis, shall be noted as part of the arbitration award. The Arbitration Administrator shall provide forms to be completed by the arbitrators to report their award. Upon completion of the forms, the arbitration award shall be filed immediately with the Clerk of the Circuit Court, who shall serve Notice of the award to all parties, including any in default.
The Clerk of the Circuit Court shall include in the Notice of Award a post-arbitration status date before the Supervising Judge of Arbitration as previously set forth in the Court's case management order, for entry of judgment on the award, dismissal or the scheduling of a trial date in the event a timely rejection has been filed. All parties shall be required to appear on said date. Failure to appear and move for judgment or other relief will result in the dismissal for want of prosecution on Motion of a party or on the Court’s own Motion, or striking of any notice of rejection.

7-1.07 Rejection of Award (Supreme Court Rule 93)

Rejection of the arbitration award shall be in strict compliance with Supreme Court Rule 93.

7-1.08 Refiling After Nonsuit

If a case is voluntarily dismissed by a Plaintiff at any time after an arbitration hearing and is subsequently refiled alleging the same cause of action and naming the same parties, the refiled case shall not be eligible for an arbitration hearing unless a new party has been added to the lawsuit.

7-1.09 Location of Arbitration Hearing

The location of arbitration hearings shall be determined by the Chief Judge of the Nineteenth Judicial Circuit or his designee.

7-1.10 Forms

All forms shall be as prescribed by Supreme Court Rule or by Administrative Order by the Chief Judge.

7-1.11 Administration of Mandatory Arbitration

The Chief Judge of the Nineteenth Judicial Circuit Court or their designee shall appoint one or more Judges to act as Supervising Judge of Arbitration. For the purpose of these Rules, the Supervising Judge of Arbitration is defined as that Judge appointed for arbitration or any Judge sitting in the stead of the Supervising Judge.

7-1.12 Dismissal for Want of Prosecution

Any case which remains inactive for forty-five (45) days, or where there is a failure to appear when otherwise ordered by the Court, may be dismissed for want of prosecution on the Court’s own Motion, without Notice. A case for which an arbitration hearing has been set shall not be considered inactive.