Illinois Compiled Statutes 750 ILCS 90/20 – Beginning and concluding the collaborative process
Current as of: 2023 |
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(a) A collaborative process begins when the parties sign a collaborative process participation agreement.
(b) A court may not order a party to participate in a collaborative process over that party’s objection.
(c) A collaborative process is concluded by:
(1) resolution of a collaborative process matter as
(b) A court may not order a party to participate in a collaborative process over that party’s objection.
(c) A collaborative process is concluded by:
(1) resolution of a collaborative process matter as
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evidenced by a signed record of the parties;
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(2) resolution of a part of the collaborative process
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matter, evidenced by a signed record of the parties, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
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(3) termination of the process.
(d) A collaborative process terminates:
(1) when a party gives notice to other parties in a
(d) A collaborative process terminates:
(1) when a party gives notice to other parties in a
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record that the process is ended;
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(2) when a party:
(A) begins a proceeding related to a
(A) begins a proceeding related to a
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collaborative process matter without the agreement of all parties; or
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(B) in a pending proceeding related to the matter:
(i) initiates a pleading, motion, order to
(i) initiates a pleading, motion, order to
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show cause, or request for a conference with the court;
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(ii) requests that the proceeding be put on
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the court’s active calendar; or
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(iii) takes similar action requiring notice
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to be sent to the parties;
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(3) except as otherwise provided by subsection (g),
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when a party discharges a collaborative process lawyer or a collaborative process lawyer withdraws from further representation of a party; or
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(4) when the process no longer meets the definition
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of collaborative process matter.
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(e) A party’s collaborative process lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(f) A party may terminate a collaborative process with or without cause.
(g) A collaborative process continues, despite the discharge or withdrawal of a collaborative process lawyer, if not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative process lawyer required by subsection (e) is sent to the parties:
(1) the unrepresented party engages a successor
(f) A party may terminate a collaborative process with or without cause.
(g) A collaborative process continues, despite the discharge or withdrawal of a collaborative process lawyer, if not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative process lawyer required by subsection (e) is sent to the parties:
(1) the unrepresented party engages a successor
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collaborative process lawyer; and
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(2) in a signed record:
(A) the parties consent to continue the process
(A) the parties consent to continue the process
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by reaffirming the collaborative process participation agreement;
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(B) the agreement is amended to identify the
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successor collaborative process lawyer; and
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(C) the successor collaborative process lawyer
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confirms the lawyer’s representation of a party in the collaborative process.
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(h) A collaborative process does not conclude if, with the consent of the parties, a party requests a court to approve a resolution of the collaborative process matter or any part thereof as evidenced by a signed record.
(i) A collaborative process participation agreement may provide additional methods of concluding a collaborative process.
(i) A collaborative process participation agreement may provide additional methods of concluding a collaborative process.