ADR and Mediation

Senate Bill 1636

Topic: 
UM and UIM arbitration

(Mulroe, D-Chicago) makes arbitration binding in UM cases regardless of the amount that is awarded. Under current law, UM arbitration is not binding if an award is made more than $50,000 for one person’s injuries or $100,000 for two or more person’s injuries. Just introduced.

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House Bill 1447

Topic: 
Consumer fraud and attorney's fees
(Thapedi, D-Chicago) requires that the court use the “Laffey Matrix” prepared by the U.S. Department of Justice in awarding attorney’s fees to the prevailing party under the Consumer Fraud and Deceptive Business Practices Act. Excludes cases in which the hourly rate for attorney’s fees is limited by statute. Just introduced.
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Klehr v. Illinois Farmers Insurance Company

Klehr v. Illinois Farmers Insurance Company
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2013 IL App (1st) 121843
Decision Date: 
Tuesday, January 22, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
CONNORS
If a valid arbitration agreement exists and the parties have begun but not completed the arbitration process, neither party can obtain judicial review of the arbitrators' interlocutory ruling on a discovery issue subject to the arbitration agreement by filing a declaratory judgment action in circuit court. Judicial review cannot be obtained on issues subject to the arbitration agreement until after the arbitration process is complete. (HARRIS and QUINN, concurring.)

House Bill 1029

Topic: 
Uniform Collaborative Law Act.
(Gabel, D-Evanston) creates the Uniform Collaborative Law Act for family law cases that is a form of alternative-dispute resolution. Contains provisions concerning the requirements of collaborative law agreements; the beginning and conclusion of the collaborative law process; proceedings before a tribunal; disqualification of collaborative lawyers; disclosure of information; standards of professional responsibility and mandatory reporting; procedures for protecting parties from violent or coercive behavior; confidentiality; privileges; and the authority of a tribunal if a collaborative agreement does not meet the requirements of the Act. Just introduced. Same bill as Senate Bill 31 (Noland, D-Elgin).
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Smola v. Greenleaf Orthopedic Associates, S.C.

Smola v. Greenleaf Orthopedic Associates, S.C.
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2011 IL App (2d) 111277
Decision Date: 
Thursday, December 27, 2012
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Vacated and remanded.
Justice: 
HUTCHINSON
Illinois Uniform Arbitration Act is silent as to whether an arbitrator may reconsider the merits of an award before the award becomes final. Thus, arbitrator has authority to entertain a motion to reconsider as long as parties' agreement does not prohibit arbitrator from doing so, including language that an award would be final when issued. (McLAREN and HUDSON, concurring.)

Kenny v. Kenny Industries

Kenny v. Kenny Industries
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2012 IL App (1st) 111782
Decision Date: 
Tuesday, July 24, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HARRIS
(Modified upon denial of rehearing 9/4/12.) Court properly denied holding company's motion for release from judgment confirming arbitrator's final award in favor of trust. Arbitrator's final award addressed all installment payments due under share purchase agreement (SPA), as award made clear it contemplated future installment payments and payments due as of date of judgment. Merger doctrine is inapplicable, as company did not attempt to attack underlying judgment but sought to enforce its contractual right of setoff against any payment due to trust under SPA. (QUINN and CONNORS, concurring.)

Brown v. Delfre

Brown v. Delfre
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2012 IL App (2d) 111086
Decision Date: 
Thursday, March 29, 2012
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Reversed and remanded with directions.
Justice: 
JORGENSEN
Plaintiff, who played for Chicago Bears, sued Defendants for alleged malfeasance as to $750,000 investments Plaintiff made with Defendants. Parties' arbitration agreement stated that arbitration will be conducted by and according to rule of NASD, but did not name NASD or FINRA as arbitrator, and thus did not specify the arbitral forum that would conduct arbitration. Designation of arbitrator was not integral to agreement, but parties' primary intent was to arbitrate their disputes. Court erred in finding arbitration agreement unenforceable; case remanded to allow arbitration. (BOWMAN and HUTCHINSON, concurring.)

House Bill 4676

Topic: 
Consumer Remedies Protection Act
(Golar, D-Chicago) voids consumer adhesion contracts as a matter of public policy and creates a private right of action for consumers whose rights are violated. Authorizes recovery of actual and statutory damages in addition to attorney's fees and costs. Scheduled for hearing next Wednesday in House Judiciary Committee I.
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Senate Bill 3726

Topic: 
Arbitration report
(Harmon, D-Oak Park) amends the Code of Civil Procedure to repeal a provision requiring the Supreme Court to evaluate the effectiveness of mandatory court-annexed arbitration and report the results of the evaluation to the General Assembly annually. Just introduced and referred to the Senate Committee on Assignments for referral to a substantive committee.
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