Part 10a - Mandatory Arbitration System
(735 ILCS 5/Art. II Pt. 10A heading) PART 10A. MANDATORY ARBITRATION SYSTEM
(735 ILCS 5/2‑1001A) (from Ch. 110, par. 2‑1001A)
Sec. 2‑1001A. Authorization. The Supreme Court of Illinois, by rule, may provide for mandatory arbitration of such civil actions as the Court deems appropriate in order to expedite in a less costly manner any litigation wherein a party asserts a claim not exceeding $50,000 or any lesser amount as authorized by the Supreme Court for a particular Circuit, or a judge of the circuit court, at a pretrial conference, determines that no greater amount than that authorized for the Circuit appears to be genuinely in controversy.
(Source: P.A. 88‑108.) |
(735 ILCS 5/2‑1002A) (from Ch. 110, par. 2‑1002A)
Sec. 2‑1002A. Implementation by Supreme Court Rules. The Supreme Court shall by rule adopt procedures adapted to each judicial circuit to implement mandatory arbitration under this Act.
(Source: P.A. 84‑844.) |
(735 ILCS 5/2‑1003A) (from Ch. 110, par. 2‑1003A)
Sec. 2‑1003A. Qualification, Appointment, and Compensation of Arbitrators. The qualification and the method of appointment of arbitrators shall be prescribed by rule. Arbitrators shall be entitled to reasonable compensation for their services. Arbitration hearings shall be conducted by arbitrators sitting in panels of three or of such lesser number as may be stipulated by the parties.
(Source: P.A. 84‑844.) |
(735 ILCS 5/2‑1004A) (from Ch. 110, par. 2‑1004A)
Sec. 2‑1004A. Decision and Award. Following an arbitration hearing as prescribed by rule, the arbitrators' decision shall be filed with the circuit court, together with proof of service on the parties. Within the time prescribed by rule, any party to the proceeding may file with the clerk of the court a written notice of the rejection of the award. In case of such rejection, the parties may, upon payment of appropriate costs and fees imposed by Supreme Court Rule as a consequence of the rejection, proceed to trial before a judge or jury. Costs and fees received by the clerk of the circuit court pursuant to this Section shall be remitted within one month after receipt to the State Treasurer for deposit into the Mandatory Arbitration Fund.
(Source: P.A. 85‑408; 85‑1007.) |
(735 ILCS 5/2‑1005A) (from Ch. 110, par. 2‑1005A)
Sec. 2‑1005A. Judgment of the Court. If no rejection of the award is filed, a judge of the circuit court may enter the award as the judgment of the court.
(Source: P.A. 84‑844.) |
(735 ILCS 5/2‑1006A) (from Ch. 110, par. 2‑1006A)
Sec. 2‑1006A. Uniform Arbitration Act. The provisions of the Uniform Arbitration Act shall not be applicable to the proceedings under this Part 10A of Article II.
(Source: P.A. 84‑1308.) |
(735 ILCS 5/2‑1007A) (from Ch. 110, par. 2‑1007A)
Sec. 2‑1007A. The expenses of conducting mandatory arbitration programs in the circuit court, including arbitrator fees, and the expenses related to conducting such other alternative dispute resolution programs as may be authorized by circuit court rule for operation in counties that have implemented mandatory arbitration, shall be determined by the Supreme Court and paid from the State Treasury on the warrant of the Comptroller out of appropriations made for that purpose by the General Assembly.
(Source: P.A. 89‑532, eff. 7‑19‑96.) |
(735 ILCS 5/2‑1008A) (from Ch. 110, par. 2‑1008A)
Sec. 2‑1008A. The Supreme Court shall conduct an evaluation of the effectiveness of mandatory court‑annexed arbitration and shall report the results of the evaluation to the General Assembly on or before January 31, 1989, and annually thereafter.
(Source: P.A. 85‑408.) |
(735 ILCS 5/2‑1009A) (from Ch. 110, par. 2‑1009A)
Sec. 2‑1009A. Filing Fees. In each county authorized by the Supreme Court to utilize mandatory arbitration, the clerk of the circuit court shall charge and collect, in addition to any other fees, an arbitration fee of $8, except in counties with 3,000,000 or more inhabitants the fee shall be $10, at the time of filing the first pleading, paper or other appearance filed by each party in all civil cases, but no additional fee shall be required if more than one party is represented in a single pleading, paper or other appearance. Arbitration fees received by the clerk of the circuit court pursuant to this Section shall be remitted within one month after receipt to the State Treasurer for deposit into the Mandatory Arbitration Fund, a special fund in the State treasury for the purpose of funding mandatory arbitration programs and such other alternative dispute resolution programs as may be authorized by circuit court rule for operation in counties that have implemented mandatory arbitration, with a separate account being maintained for each county. Notwithstanding any other provision of this Section to the contrary, the Mandatory Arbitration Fund may be used for any other purpose authorized by the Supreme Court.
(Source: P.A. 94‑91, eff. 7‑1‑05; 94‑839, eff. 6‑6‑06; 95‑707, eff. 1‑11‑08.)