403.646 Beginning and concluding collaborative law process.

410 words·~2 min read·/ky/chapter-403/403-646

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

(1)A collaborative law process begins when the parties sign a collaborative law

participation agreement.

(2)A court may not order a party to participate in a collaborative law process over that

party’s objection.

(3)A collaborative law process is concluded by a:

(a)Resolution of a collaborative matter as evidenced by a signed record;

(b)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

(c)Termination of the process.

(4)A collaborative law process terminates:

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

ended; or

(b)When a party:

1. Begins a proceeding related to a collaborative matter without the

agreement of all parties;

2. In a pending proceeding related to the matter:

a. Initiates a pleading, motion, order to show cause, or request for a

conference with the court;

b. Requests that the proceeding be put on the court's active calendar;

c. Takes similar action requiring notice to be sent to the parties; or

3. Except as otherwise provided by subsection

(7)of this section,

discharges a collaborative lawyer or a collaborative lawyer withdraws

from further representation of a party.

(5)A party’s collaborative lawyer shall give prompt notice to all other parties in a

record of a discharge or withdrawal.

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

(7)Notwithstanding the discharge or withdrawal of a collaborative lawyer, a

collaborative law process continues if, not later than thirty

(30)days after the date

that the notice of the discharge or withdrawal of a collaborative lawyer required by

subsection

(5)of this section is sent to the parties:

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

(b)In a signed record:

1. The parties' consent to continue the process by reaffirming the

collaborative law participation agreement;

2. The agreement is amended to identify the successor collaborative

lawyer; and

3. The successor collaborative lawyer confirms the lawyer’s representation

of a party in the collaborative process.

(8)A collaborative law process does not conclude if, with the consent of the parties, a

party requests a court to approve a resolution of the collaborative matter or any part

thereof as evidenced by a signed record.

(9)A collaborative law participation agreement may provide additional methods of

concluding a collaborative law process.