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Illinois Statutes Chapter 750. Families § 90/20. Beginning and concluding the collaborative process

Current as of January 01, 2022 | Updated by FindLaw Staff

§ 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.

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Cite this article: FindLaw.com - Illinois Statutes Chapter 750. Families § 90/20. Beginning and concluding the collaborative process - last updated January 01, 2022 | https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-90-20/

Read this complete Illinois Statutes Chapter 750. Families § 90/20. Beginning and concluding the collaborative process on Westlaw

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