Courts are in Competition with Private Dispute Resolution Services: What’s Best for You?

Courts are in Competition with Private Dispute Resolution Services: What’s Best for You?

Under our traditional public justice model, according to Judge Ronald Spears, courts were established to be the “best“ option by default. 103 Ill. Bar. J. 52-53.  The courts were the default model where everyone had cases decided by judge or by jury.   Exercise of the public justice option triggered complex rules, established processes, involving trained intermediaries – lawyers – to navigate the system.

As the volume of cases increased, the system grew more cumbersome and complicated despite efforts to smooth-line the process.  According to the Administrative Office of the Illinois Courts, there were 3,247,157 cases pending at the end of 2020 (the most recent year available).  (Source: https://www.illinoiscourts.gov/aoic.)  The back-up of cases caused dissatisfaction for everyone, the public, the lawyers (dealing with angry clients) and judges.

When I began practicing law, the public justice system had a virtual monopoly. Alternative dispute resolution (ADR) was just beginning. The use of private mediators, arbitrators and “rent a judge“ programs were in their infancy. Then an odd thing happened – people took their cases elsewhere. The court system began to lose to the competition.

As some question whether the anachronistic model of public trial could ever be truly fixed, viewing the movement of disputes away from the courts is a good thing, the courts themselves were losing more than cases. The courts were losing the public trust essential for the system to survive.

Thus, the courts responded.  As of January 1, 2022, time standards are now applicable for all cases, divided by case type, percentage complete, and time to disposition.   (In re: Time Standards for Case Closure Illinois Trial Courts Order No. M.R. 31228, Supreme Court of Illinois.)  For example, smaller cases have to be 75% completed within six (6) months, at 98% complete within 12 months. Larger cases must be 75% completed within 18 months, and 98% complete within 36 months.

Having taken over 150 cases to trial, and resolved dozens of disputes through ADR, we can “right – fit” your matter for the best results.

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