Judicial Operations
Alternative Dispute Resolution Programs
There are many forms of Alternative Dispute Resolution (ADR) available to citizens of Lake County, from both inside the courts and via private forums. Two ADR programs utilized by the Nineteenth Judicial Circuit are the Civil Case Mediation and Mandatory Court-Annexed Arbitration programs.
Civil case mediation differs from mandatory court-annexed arbitration in many ways including, but not limited to:
- the parties select the individual mediator, whereas the Court randomly selects the arbitrators;
- the parties pay the mediator directly at a rate determined by the mediator, while the State of Illinois pays the arbitrators at a rate determined by the Illinois Supreme Court;
- the mediation can be conducted in a variety of locations, while an arbitration hearing must be held at a location determined by the Court; and
- there is no specified time limit for mediation as the mediator may have to conduct multiple sessions spanning several days, but an arbitration hearing cannot exceed one full day.
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CIVIL CASE MEDIATION
Lake County developed a mediation program for civil cases that exceed the upper jurisdictional limits of the Mandatory Court-Annexed Arbitration Program, currently set at $50,000.00. Illinois Supreme Court Rule 99 and Local Rule 20.00 govern the mediation program.
- Since the inception of the program, more than 600 cases have utilized mediation in Lake County.
- Seventy-two (72) of those mediations were completed in 2008.
- Since the program began, 60% of all Lake County mediations have reached an agreement at the time of the mediation.
- Of the cases not resolved at the mediation conference, 76% reached a full settlement after the mediation and prior to the trial date.
- On average, a case sent to mediation in Lake County is disposed within four months of the mediation conference, regardless of whether the parties were able to reach an acceptable agreement at the time of the mediation.
MANDATORY COURT-ANNEXED ARBITRATION
Arbitration is mandatory for civil cases seeking money damages between $10,000 and $50,000. A panel of three arbitrators conducts the arbitration hearing, allowing the parties to present all facts, evidence, and law before rendering an award. The arbitration award is not binding for 30 days, during which time any party present at the arbitration hearing may "reject" the award, pay a rejection fee, and then proceed to a trial before a judge or jury. Illinois Supreme Court Rules 86 through 95 and Local Rule 17.00 govern the mandatory arbitration program.
The success of the arbitration program lies in the fact that most cases are resolved before the arbitration hearing, with a relatively small number of cases actually proceeding to hearing. After the hearing, cases are either dismissed or set for trial; many cases settle without the need for a trial. Every year less than four percent of the cases filed result in a trial.
During 2008:
- 2,219 cases were assigned to the arbitration calendar, which is an increase of 18% from 2007.
- Only 418 arbitration cases (19%) proceeded on to arbitration hearing.
- Only 1.5% of the cases assigned to the arbitration calendar proceeded on to trial.
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