(750 ILCS 90/20)
Sec. 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 |
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(2) resolution of a part of the collaborative process matter, evidenced by a signed
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| 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 record that the process is ended;
(2) when a party:
(A) begins a proceeding related to a collaborative process matter without the
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| 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 show cause, or request for a
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| conference with the court;
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(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
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| 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 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
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| process participation agreement;
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(B) the agreement is amended to identify the successor collaborative process lawyer;
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(C) the successor collaborative process lawyer confirms the lawyer's representation
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| 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.
(Source: P.A. 100-205, eff. 1-1-18.)
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