Mandatory, Non-Binding Arbitration of an Illinois Vehicle Accident Case

Unlike Missouri accident victims who have a right to a jury trial under Missouri’s Constitution, Article I, § 22(a), in Illinois, they may be obligated to
first participate in “mandatory, non-binding” court-annexed arbitration.

Arbitration is mandatory for Lawsuits filed in 16 counties (shaded below), including St. Clair County and Madison County in the St. Louis metropolitan area, “for
all civil claims solely for money damages in an amount between $10K and $50K.”

While Burger Law clients who are injured in Illinois may be troubled that they are not getting to make their case
before a “jury of their peers” as they would immediately be able to do in Missouri, arbitration may offer real
benefits.

To begin with, the Illinois arbitration process is often much quicker. Burger Law recently had an auto accident case in Madison County in which we filed a lawsuit September 2022, because the
insurance adjuster only offered our client a fraction of the compensation she deserved.

At the first court hearing in November 2022, we set an arbitration date in April 2023. This was seven months after
filing suit. And with such a firm arbitration date, both sides moved briskly, conducting written discovery and doing
depositions to prepare.

In contrast, had the case been in Missouri, where trial dates are seldom set until both sides have conducted
“discovery,” this case would have taken over a year (and perhaps even two years).

Instead, we were able to present our client’s case to three arbitrators in a much less intimidating classroom-type
environment (vs. a courtroom) before three arbitrators.

We were able to comfortably present our evidence, and our client was able to testify, using rules of evidence and
procedure which are less formal than those followed in trial courts. See Madison County Arbitration Manual including Appendix A – Illinois Supreme
Court Rules 86-95.

We were also able to present our case in under two hours (instead of a two- or three-day trial). And within a few
hours of making our case, we were able to call the court’s “arbitration administrator” and learn the arbitrators had
ruled in our client’s favor and had issued an “award of arbitrators” that was twice as much as the at-fault driver’s
insurance had offered her before the lawsuit.

In seven short months from filing the suit to the arbitrators’ decision, Burger Law doubled our client’s
compensation.

And had the arbitrators ruled against our client or awarded her less than she felt was appropriate, Illinois
arbitration is non-binding. This means if either party disagrees with it, they are able to pay an arbitration
“rejection fee” of between $200 and $500 (depending on the value of the case) and then get their case heard at a
regular trial.

This means clients actually have two opportunities to make their case: arbitration and trial.

In fact, the Illinois Court’s most recent online statistics (2019)
show that very few cases ever proceed to trial. Here are the numbers for Madison County showing that a majority of
cases settle before arbitration and even those where arbitration awards are rejected, 94% of those cases settle
before trial.

Illinois Court’s statistics also show that in Madison County (in 2019), the auto accident arbitration cases take an
average of 194 days. Our recent case took 237 days from date of filing to the arbitration award.

It is, however, noteworthy that in St. Clair County, the other jurisdiction in which Burger Law frequently
arbitrates, the average number of days is significantly more (548.8 days).

While rejecting the arbitrator’s decision would delay final resolution, and it might result in an adverse decision or
compensation that is less than the arbitrators awarded, the decision is the client’s to make.

In this case, Burger Law’s hard work paid off and the client was thrilled with the relatively quick arbitration
decision and her favor and the increased compensation she obtained compared to the pre-lawsuit settlement she had
been offered.

All cases are different, of course. But if you find yourself hurt and Illinois, the prospect of “mandatory
arbitration” need not be dreaded. In fact, this streamlined and expedited process can often result in a great
outcome–with the right attorneys–and can do so in a fraction of the time it might take other states.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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