Illinois § 20

§ 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. (Source: P.A. 100-205, eff. 1-1-18.)