Legal Question in Civil Litigation in Illinois

Re: Arbitration Settlement Award - Rejection

The best suggestion is that you get yourself an attorney.

You will not be able to count on the result of the arbitration hearing since by rejecting the arbitration the whole process is now null and void and you will not even be able to mention it in the trial. So, now you are given a Judgment on Award (JOA) date. At that time, the Court will be informed that the arbitration has been rejected and the Court will assign a trial courtroom to you. The Court will also give you a date when you need to appear in that courtroom. On the new date that you will be given, you have to show up in the assigned trial room and complete a Supreme Court Rule 218 form. If you have not taken the deposition of the defendant (and should you need to do so or if you think they have documents that would help you) you can ask the court to re-open discovery. Note that at this time, it is likely that discovery has been closed since before the arbitration hearing and technically you have lost the opportunity to conduct discovery (unless you are in Small Claims Court where discovery is not even allowed to begin with). Once you complete the 218 form, the Court will give you a trial date. I am assuming this is a jury trial. You have to have disclosed to the other side, every document you are planning on using and every witness you are planning on calling along with a synopsis of what it is they will say by at least 60 days before the day of the trial. Ask the Court to clarify and give you a timetable to do any research you need. Make sure all the dates you are given are reflected in the 218 form. The Court may refuse. Some of the judges in the Municipal department are not the brightest bulbs and so they may have a short temper and not help you much. You may get lucky and get one of the three good judges...

In the final analysis: get the advise of a lawyer. If you cannot afford one, you should talk to the Chicago Bar Association or any other local Bar Association and ask them to put you in contact with some organization that provide free legal support to those who cannot afford it. At this point things can get complicated fast. Remember, if you are in small claims, your best friend is Supreme Court Rule 286. Read it!

If you want me to look at the paperwork, you are welcome to call my office and I will look over your shoulder...

Good Luck!

Nima Taradji

Re: Arbitration Settlement Award - Rejection

When a defendant rejects an arbitration award, the court may allow a trial. That is the normal course. If discovery was not closed prior to the arbitration award, then I would suggest you be sure to conduct discovery so that you may obtain all information that you need to pursue your claim. Really, if the amount is significant, you should hire an attorney.