Sec. 25. Proceedings pending before a court; status report.

226 words·~1 min read·/il/chapter-750/act-90/25

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

(a)Persons in a proceeding pending before a court may sign a collaborative process participation agreement to seek to resolve a collaborative process matter related to the proceeding. The parties shall file promptly with the court a notice of the agreement after it is signed. Subject to subsection

(c)and Sections 30 and 35, the filing operates as an application for a stay of the proceeding.

(b)The parties shall file promptly with the court notice in a record when a collaborative process concludes. The stay of the proceeding, if granted, under subsection

(a)is lifted when the notice is filed. The notice may not specify any reason for termination of the process.

(c)A court in which a proceeding is stayed under subsection

(a)may require the parties and collaborative process lawyers to provide a status report on the collaborative process and the proceeding. A status report may include only information on:

(i)whether the process is ongoing or concluded; or

(ii)the anticipated duration of the collaborative process.

(d)A court may not consider a communication made in violation of subsection (c).

(e)A court shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.