In August, Governor Bruce Rauner signed Senate Bill 67, also known as the Collaborative Process Act, into law. The long awaited statute officially codifies a form of alternative dispute resolution for family law cases that has proved effective for thousands of divorcing couples. In fact, Illinois is the 17th state to recognize the Collaborative Law Process Act formally. The new law, which is based on a uniform statute, will go into effect on January 1, 2018. For more information on the collaborative law process, please contact one of our experienced Arlington Heights divorce attorneys today.
The collaborative process is a voluntary dispute resolution process, in which two parties, both of whom are represented by attorneys, sign a collaborative process participation agreement, acknowledging that they will attempt to resolve their legal issues at hand through collaboration. The process is only available for disputes or issues related to family law matters, such as:
Unlike mediation, attorneys involved in the collaborative process are not hired as neutral third parties, but are explicitly retained to advise their clients throughout the process. Furthermore, the parties also agree to disclose and exchange information, which is done instead of formal discovery. The scope of this exchange can be as broad or as limited as the parties desire and is typically defined in the collaborative process agreement. However, like mediations, some of the communications made during these kinds of proceedings are privileged, although the parties can elect to expand or contract the scope of the privilege even further. If, after negotiation, the parties are able to come to an agreement regarding the issues at hand, that agreement must be recorded, signed, and presented to a judge. When this is not possible, the attorneys will be discharged and are not permitted to represent their clients at trial.
The new law outlines the specifics of what must be included in a collaborative process participation agreement, which according to the statute, must:
The law also details when a collaborative process will be deemed concluded, which is when:
At the SAM LAW OFFICE LLC, we understand how emotionally trying family law matters can be and so dedicate ourselves to finding a solution that is in the best interests of our clients. If you believe that the collaborative law process may be the answer to your problems, please contact our Arlington Heights divorce lawyers today at 847-255-9925.
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