Current through Public Act 103-1052
Section 750 ILCS 90/20 - Beginning and concluding the collaborative process(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 evidenced by a signed record of the parties;(2) resolution of a part of the collaborative process 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(3) termination of the process.(d) A collaborative process terminates: (1) when a party gives notice to other parties in a record that the process is ended;(2) when a party:(A) begins a proceeding related to a collaborative process matter without the agreement of all parties; or(B) in a pending proceeding related to the matter: (i) initiates a pleading, motion, order to show cause, or request for a conference with the court;(ii) requests that the proceeding be put on the court's active calendar; or(iii) takes similar action requiring notice to be sent to the parties;(3) except as otherwise provided by subsection (g), when a party discharges a collaborative process lawyer or a collaborative process lawyer withdraws from further representation of a party; or(4) when the process no longer meets the definition of collaborative process matter.(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 collaborative process lawyer; and(2) in a signed record:(A) the parties consent to continue the process by reaffirming the collaborative process participation agreement;(B) the agreement is amended to identify the successor collaborative process lawyer; and(C) the successor collaborative process lawyer confirms the lawyer's representation of a party in the collaborative process.(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.Added by P.A. 100-0205,§ 20, eff. 1/1/2018.