Sec. 20. Beginning and concluding the collaborative process.

436 words·~2 min read·/il/chapter-750/act-90/20

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.