750 ILCS 90/1
Short title
Short title. This Act may be cited as the Collaborative Process Act. (Source: P.A. 100-205, eff. 1-1-18.)
Illinois Compiled Statutes 750 ILCS 90 — Collaborative Process Act.
Illinois · statute · 750 ILCS 90 · 15 active provisions
Provisions
750 ILCS 90/5
Definitions
Definitions. In this Act: (1) "Collaborative process communication" means a statement, whether oral or in a record, or verbal or nonverbal, that: (A) is made to conduct, participate in, continue, or reconvene a collaborative process; and (B) occurs after the parties sign a collaborative process participation agreement…
750 ILCS 90/10
Applicability
Applicability. This Act applies to a collaborative process participation agreement that meets the requirements of Section 15 signed on or after the effective date of this Act. (Source: P.A. 100-205, eff. 1-1-18.)
750 ILCS 90/15
Collaborative process participation agreement; requirements
Collaborative process participation agreement; requirements. (a) A collaborative process participation agreement must: (1) be in a record; (2) be signed by the parties; (3) state the parties' intention to resolve a collaborative process matter through a collaborative process under this Act; (4) state the parties' agree…
750 ILCS 90/20
Beginning and concluding the collaborative process
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) resoluti…
750 ILCS 90/25
Proceedings pending before a court; status report
Proceedings pending before a court; status report. (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…
750 ILCS 90/30
Emergency order
Emergency order. Nothing in the collaborative process may prohibit a party from seeking an emergency order to protect the health, safety, welfare, or interest of a party or person identified as protected in Section 201 of the Illinois Domestic Violence Act of 1986, or may prohibit a party or nonparty participant from m…
750 ILCS 90/35
Approval of agreement by the court
Approval of agreement by the court. A court may approve an agreement resulting from a collaborative process. An agreement resulting from the collaborative process shall be presented to the court for approval if the agreement is to be enforceable. (Source: P.A. 100-205, eff. 1-1-18.)
750 ILCS 90/40
Disclosure of information
Disclosure of information. Voluntary informal disclosure of information related to a matter is a defining characteristic of the collaborative process. Except as provided by law other than this Act, during the collaborative process, on the request of another party, a party shall make timely, full, candid, and informal d…
750 ILCS 90/45
Standards of professional responsibility and mandatory reporting not affected
Standards of professional responsibility and mandatory reporting not affected. This Act does not affect: (1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a ch…
750 ILCS 90/50
Confidentiality of collaborative process communication
Confidentiality of collaborative process communication. A collaborative process communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this State other than this Act. (Source: P.A. 100-205, eff. 1-1-18.)
750 ILCS 90/55
Privilege against disclosure for collaborative process communication; admissibility; discovery
Privilege against disclosure for collaborative process communication; admissibility; discovery. (a) Subject to Sections 60 and 65, a collaborative process communication is privileged under subsection (b), is not subject to discovery, and is not admissible in evidence. (b) In a proceeding, the following privileges apply…
750 ILCS 90/60
Waiver and preclusion of privilege
Waiver and preclusion of privilege. (a) A privilege under Section 55 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. (b) A person that makes a disclosure…
750 ILCS 90/65
Limits of privilege
Limits of privilege. (a) There is no privilege under Section 55 for a collaborative process communication that is: (1) available to the public under the Freedom of Information Act or made during a session of a collaborative process that is open, or is required by law to be open, to the public; (2) a threat or statement…
750 ILCS 90/70
Authority of the Illinois Supreme Court
Authority of the Illinois Supreme Court. This Act is subject to the supervisory authority of the Illinois Supreme Court. (Source: P.A. 100-205, eff. 1-1-18.)