Year started: 1995
Neutrals: Judges or attorneys with court approval.
Eligibility: Civil cases involving monetary disputes of $10,000-$50,000, or small claims cases with jury demands.
Free Mediation Services Available?: No
The 16th Judicial Circuit's Mandatory Arbitration Program was established in January 1995 by Article 11 of their local rules. The program handles civil cases involving monetary disputes of $10,000 to $50,000, as well as small claims cases with a jury demand.
Arbitration referrals from the court are mandatory for eligible cases, but can also be requested by one or both parties. Hearings are conducted by a panel of court-approved arbitrators, who serve on a rotating basis as determined by the Arbitration Administrator. To obtain court approval, arbitrators must be a member of the Illinois Bar Association, have three years of experience practicing law or be a retired judge, and either reside, practice or have an office in Kane County. Arbitrators must also attend a court-approved mandatory arbitration seminar and know the Supreme Court and local rules governing mandatory arbitration. As of October 2007, the circuit court had a roster of 260 approved arbitrators.
Arbitrators are paid through the Illinois Mandatory Arbitration Fund, which is financed through an $8 filing fee on civil cases.
Each party and their attorney, as well as any witnesses called to testify, are required to attend the arbitration hearing. Hearings are also open to the public. The rule states that hearings are expected to take a maximum of two hours, but the Arbitration Administrator will make arrangements for cases that require more time.
Between 2007 and 2011, the program had an average annual caseload of 2,664 pending and referred cases, with an average disposition rate of 68%. In fiscal year 2011, 3,078 cases were pending or referred. Of those, 2,246 cases (73%) were settled or dismissed. There were 169 arbitration hearings, with 52 awards accepted and 99 rejected. No award was entered in 18 cases; these cases either settled before an award was entered or were still pending at the end of the reporting period. Seventeen cases, less than 1% of the total caseload, later proceeded to trial.
Jan. 1, 2019
Resource Type: Rules - Court
Abstract: The local rules for Illinois' 16th Judicial Circuit serving Kane County.
Article 5 - Mandatory Residential Foreclosure Mediation Program: All residential foreclosure cases in Kane County are subject to mediation. The rules outline mediation procedu...Illinois Supreme Court. Illinois Supreme Court Rules, Jun. 4, 2008
Resource Type: Rules - Court
Abstract: The rules apply to actions subject to mandatory arbitration within judicial circuits in Illinois. They include the procedures for the appointment, qualification and compensation of arbitrators, the scheduling of hearings, discovery, conduct of the he...
Summary: These annual reports summarize activity for all Illinois court-annexed mandatory arbitration programs. Programs featured in the report include the: 3rd Circuit*, 11th Circuit, 12th Circuit, 14th Circuit, 16th Circuit, 17th Circuit, 18th Circuit, 19th Circuit, 20th Circuit, 22nd Circuit*, and the Circuit Court of Cook County mandatory arbitration programs.
The report provides statewide statistics per fiscal year for each arbitration program and covers case types, caseload, average award amount, and average number of days that cases began in arbitration through final resolution. The report also features individual circuit profiles.
*Please note that reports on the 3rd Circuit mandatory arbitration program appear in the 2008-2016 annual reports and that reports on the 22nd Circuit mandatory arbitration program appear in the 2007-2016 annual reports. Reports on the remaining circuits can be found in each of the 2001-2017 annual reports.
2001 Annual Report
2002 Annual Report
2003 Annual Report
2004 Annual Report
2005 Annual Report
2006 Annual Report
2007 Annual Report
2008 Annual Report
2009 Annual Report
2010 Annual Report
2011 Annual Report
2012 Annual Report
2013 Annual Report
2014 Annual Report
2015 Annual Report
2016 Annual Report
2017 Annual Report
Publication: Illinois Bar Journal
Summary: This article discusses Illinois' mandatory arbitration program and gives both pros and cons of arbitration. It also discusses the Illinois Supreme Court 'Cruz' ruling, in which it laid down the rules governing attorney fees in mandatory arbitration.
Mary BarnetteArbitration Assistant
Sixteenth Judicial Circuit