[§ 658G- 5] Beginning and concluding a collaborative law process.

426 words·~2 min read·/hi/658g-5

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

(a)A collaborative law process begins when the parties sign a collaborative law participation agreement.

(b)A tribunal may not order a party to participate in a collaborative law process over that party's objection.

(c)A collaborative law process is concluded by:

(1)The resolution of a collaborative matter as evidenced by a signed record;

(2)The resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or

(3)The termination of the process.

(d)A collaborative law process terminates:

(1)When a party gives notice to other parties in a record that the process is ended; or

(2)When a party:

(A)Begins a proceeding related to a collaborative 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 tribunal;

(ii)Requests that the proceeding be put on the tribunal's active calendar; or

(iii)Takes similar action requiring notice to be sent to the parties; or

(3)Except as otherwise provided by subsection (e), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

(e)A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.

(f)A party may terminate a collaborative law process with or without cause.

(g)Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (d)(3) is sent to the parties:

(1)The unrepresented party engages a successor collaborative lawyer; and

(2)In a signed record:

(A)The parties consent to continue the process by reaffirming the collaborative law participation agreement;

(B)The agreement is amended to identify the successor collaborative lawyer; and

(C)The successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.

(h)A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.

(i)A collaborative law participation agreement may provide additional methods of concluding a collaborative law process. [L 2012, c 207, pt of §1]