ADR and Mediation

Respondent, an Illinois general partnership, entered into a restated partnership agreement for purpose of continued development of a mobile home park. That trust, and two other trusts, and their trustees, were named as respondents in action to dissolve original partnership and appoint a receiver. Complaint alleged breaches of partnership agreement. Court erred in denying Respondents' motion to dismiss. Arbitration clause in partnership agreement was broad, providing that all disputes arising under agreement were subject to arbitration. As dissolution and liquidation provisions were in dispute, under broad arbitration clause, those issues were subject to arbitration, or at least reasonably in doubt, so that arbitrators should have determined meaning of arbitration clause.(SCHMIDT and WRIGHT, concurring.) 

Union and City were unable to agree on extent to which City would continue to pay retiring Union members for their unused sick leave; parties referred issue to mandatory arbitration. Arbitrator then entered written order adopting City's final proposal. Court entered written order granting City's motion for summary judgment, upon Union petitioning for review of arbitrator's decision.Arbitrator had duty to consider interests and welfare of public and financial ability of City to meet costs, which include City's pension obligations. Section 14(h) of Illinois Public Relations Act required arbitrator to consider pension funding as part of City's broader financial landscape. Section 14(k) of Act allows an award of interest only if court has found a party's appeal frivolous; it does not allow award of interest to losing party on appeal. (KNECHT and HOLDER WHITE, concurring.)

During interest arbitration proceedings, City sought to add a provision to its agreement with firefighters union that would allow it to unilaterally change health insurance benefits that it was providing to union's members during period of agreement. A party does not act in bad faith merely by submitting to an interest arbitrator a proposal pertaining to a permissive subject of bargaining.A party is not prejudiced by submission of the issue, as its objection will preclude the arbitrator from considering it.(McLAREN and SPENCE, concurring.)

Trustee for land trust and partnership filed declaratory judgment action in circuit court seeking authority to sell real estate which formed corpus of trust at public auction. The Defendants' filing of a Section 2-619(a)(2) motion to dismiss, and litigating merits of that motion, was conduct inconsistent with the right to arbitrate. Thus Defendants clearly abandoned that right, and waived their right to file a subsequent motion to compel arbitration. (McDADE and CARTER, concurring.)