ADR and Mediation

(Biss, D-Skokie) increases the required minimum liability insurance policies for drivers as follows: bodily injury or death to any one person from $20,000 to $50,000; bodily injury or death to more than one person from $40,000 to $100,000; and injury or destruction of property of others from $15,000 to $40,000. Scheduled for hearing this Tuesday in Senate Transportation Committee.

(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. Scheduled for hearing this Tuesday in Senate Insurance Committee.

(Noland, D-Elgin) codifies by statute the Uniform Law Commission’s proposed alternative dispute resolution for family law cases that is now being done by private agreement between litigants. It includes a variety of process requirements such as treatment of settlement communications as confidential, establishment of an evidentiary privilege for settlement discussions, lawyer disqualification if the process fails, and informal discovery procedures. House Bill 1029 and 1239 are identical bills.

(Delgado, D-Chicago) authorizes the Department of Labor to establish administrative procedures to adjudicate claims of any amount. The current cap limiting the Department's authority to claims of $3,000 or less is repealed. Just introduced.

(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.

(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.

(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).