An Illinois arbitration Hearing Order is a court order issued by a judge that sets the terms and conditions for an arbitration hearing in the state of Illinois. It sets the date, time, and place of the arbitration hearing, as well as the names of the arbitrator(s) and other participants. The order also outlines the specific procedures for the hearing, including the exchange of documents and evidence, and the rules of evidence and procedure that will be applied. There are two types of Illinois arbitration Hearing Orders: voluntary and mandatory. Voluntary arbitration is initiated by an agreement between the parties involved in the dispute, and the order typically sets out the terms of the arbitration agreement, including the issues to be decided and the procedures to be followed. Mandatory arbitration is ordered by the court, either upon motion of one of the parties or on its own initiative, when a dispute arises and the parties cannot agree on the terms of the arbitration. The order typically sets out the scope and purpose of the arbitration, the issues to be decided, and the procedures to be followed.
Illinois Arbitration Hearing Order
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FAQ
The parties and arbitrators meet in person to conduct the hearing in which the parties present arguments and evidence in support of their respective cases. After the conclusion of the hearing, the arbitrators deliberate the facts of the case and render a written decision called an award.
Arbitration is similar to a small claims trial in that both sides present evidence and make arguments supporting their positions. Unlike small claims trials, in arbitration, the person who decides the outcome is not a judge, but an arbitrator.
As you prepare for the hearing, determine what you need to show the arbitrator to establish your claim. Then, select your witnesses and exhibits with that in mind. Avoid unnecessary, irrelevant, and cumulative testimony and evidence. Present a straightforward and streamlined case.
There are five main stages to the arbitration process: (i) initial pleadings; (ii) panel selection; (iii) scheduling; (iv) discovery; (v) trial prep; and (vi) final hearing.
In Illinois, court-annexed arbitration is a mandatory, non-binding, non-court procedure designed to resolve civil disputes by utilizing a neutral third party, called an arbitration panel.
Arbitration hearings are limited to one hour, which means that each side has up to 30 minutes to testify and present witnesses and evidence. The arbitration hearing may last longer if, at the hearing, the arbitrator determines that more time is needed to ensure fairness and justice to the parties.
Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed. The arbitrator will write the award and the AAA® will send that to the parties once it is ready.