Wisconsin Statutes
Wis. Stat. § 788.11 (2026)
Modification of award
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
788.11(1)(1) In either of the following cases the court in and for the county wherein the award was made must make an order modifying or correcting the award upon the application of any party to the arbitration:
788.11(1)(a)(a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award;
788.11(1)(b)(b) Where the arbitrators have awarded upon a matter not submitted to them unless it is a matter not affecting the merits of the decision upon the matters submitted;
788.11(1)(c)(c) Where the award is imperfect in matter of form not affecting the merits of the controversy.
788.11(2)(2) The order must modify and correct the award, so as to effect the intent thereof and promote justice between the parties.
788.11 AnnotationThe intent of the parties controls a determination under sub. (1) (b) whether a matter was submitted to the arbitrator. Milwaukee Professional Firefighters, Local 215 v. City of Milwaukee, 78 Wis. 2d 1, 253 N.W.2d 481 (1977).
788.11 AnnotationA court had no jurisdiction to vacate or modify an award if grounds under this section or s. 788.10 did not exist. Milwaukee Police Ass’n v. City of Milwaukee, 92 Wis. 2d 175, 285 N.W.2d 133 (1979).
788.11 AnnotationThe arbitration panel’s decision in this case was properly modified by the circuit court under this section and s. 788.10 because the arbitrators exceeded their authority by failing to fully review and apply the supreme court’s decisions on the collateral source rule and the law of damages. Orlowski v. State Farm Mutual Automobile Insurance Co., 2012 WI 21, 339 Wis. 2d 1, 810 N.W.2d 775, 09-2848.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1985–2022 · leading case: In Re Marriage of Franke v. Franke, 2004 WI 8 (Wis. 2004).
In Re Marriage of Franke v. Franke, 2004 WI 8 (Wis. 2004). “There is no dispute that the circuit court must modify or correct an arbitrator's award before it is confirmed, under the terms of Wis. Stat. § 788.11 , when such a party shows error.”
Orlowski v. State Farm Mut. Auto. Ins., 2012 WI 21 (Wis. 2012). “The circuit court for Milwaukee County, the Honorable Dennis P Moroney presiding, agreed and modified the arbitration award to include the value of the written-off medical expenses.”
Midwest Neurosciences Assocs., LLC v. Great Lakes Neurosurgical Assocs., LLC, 920 N.W.2d 767 (Wis. 2018). “In addition, the court may, after arbitration, modify an arbitrator's award pursuant to Wis. Stat. § 788.11 . Finally, pursuant to Wis.”
Baldwin-Woodville Area Sch. Dist. v. West Cent. Educ. Ass'n, 2009 WI 51 (Wis. 2009). “[4] Wis. Stat. § 788.11 (1) reads: In either of the following cases the court.”
Farmers Auto. Ins. v. Union Pac. Ry. Co., 2009 WI 73 (Wis. 2009). “" Section 788.11 requires an arbitration award to be modified if "there was an evident material miscalculation of figures or an evident material mistake"; "[w]here the arbitrators have awarded upon a matter not submitted to them"; or "[w]here the award is imperfect in matter of…”
Leavitt v. Beverly Enter., Inc., 2010 WI 71 (Wis. 2010). “10 , or modifying, see Wis. Stat. § 788.11 , the arbitrator's award.”
Teacher Ret. Sys. v. Badger XVI Ltd. P'ship, 556 N.W.2d 415 (Wis. Ct. App. 1996). “Section 788.11(1), Stats., provides: Modification of award.”
Employers Ins. of Wausau v. Certain Underwriters at Lloyd's London, 552 N.W.2d 420 (Wis. Ct. App. 1996). “Section 788.11(1), STATS., provides; In either of the following cases the court in and for the county wherein the award was made must make an order modifying or correcting the award upon the application of any party to the party: (a) Where there was an evident material…”
Matter of Arbitration Among Madison Landfills, Inc. v. Libby Landfill, 524 N.W.2d 883 (Wis. 1994). “In January 1992, MLI petitioned the Dane county circuit court for an order either modifying and correcting the Award pursuant to sec. 788.11, Stats., 12 or vacating the Award pursuant to sec.”
Lukowski v. Dankert, 503 N.W.2d 15 (Wis. Ct. App. 1993). “Section 788.11(1), Stats., provides: In either of the following cases the court in and for the county wherein the award was made must make an order modifying or correcting the award upon the application of any party to the arbitration: (a) Where there was an evident material…”
Farmers Auto. Ins. Ass'n v. Union Pac. Ry., 2009 WI 73 (Wis. 2009). “" Section 788.11 requires an arbitration award to be modified if "there was an evident material miscalculation of figures or an evident material mistake"; "[w]here the arbitrators have awarded upon a matter not submitted to them"; or "[w]here the award is imperfect in matter of…”
Madison v. Afscme, Afl-cio, Local 60, 369 N.W.2d 759 (Wis. Ct. App. 1985). “Section 788.11, provides: (1) In either of the following cases the court in and for the county wherein the award was made must make an order modifying or correcting the award upon the application of any party to the arbitration: (a) Where there was an evident material…”
— Wis. Stat. § 788.11(1) — 6 cases
Teacher Ret. Sys. v. Badger XVI Ltd. P'ship, 556 N.W.2d 415 (Wis. Ct. App. 1996). “Section 788.11(1), Stats., provides: Modification of award.”
Employers Ins. of Wausau v. Certain Underwriters at Lloyd's London, 552 N.W.2d 420 (Wis. Ct. App. 1996). “Section 788.11(1), STATS., provides; In either of the following cases the court in and for the county wherein the award was made must make an order modifying or correcting the award upon the application of any party to the party: (a) Where there was an evident material…”
Lukowski v. Dankert, 503 N.W.2d 15 (Wis. Ct. App. 1993). “Section 788.11(1), Stats., provides: In either of the following cases the court in and for the county wherein the award was made must make an order modifying or correcting the award upon the application of any party to the arbitration: (a) Where there was an evident material…”
Fillnow v. City of Madison, 435 N.W.2d 296 (Wis. Ct. App. 1988).
La Crosse Prof'l Police Ass'n v. City of La Crosse, 568 N.W.2d 20 (Wis. Ct. App. 1997).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.