§ 3-2003
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/md/courts-and-judicial-proceedings/3-2003·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§3–2003.
(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)A resolution of a collaborative matter as evidenced by a signed record;
(2)A 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)A 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;
(2)When a party:
(i)Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(ii)In a pending proceeding related to the matter:
1. Initiates a pleading, a motion, an order to show cause, or a request for a conference with the tribunal;
2. Requests that the proceeding be put on the tribunal’s calendar; or
3. Takes similar action requiring notice to be sent to the parties; or
(3)Except as otherwise provided in subsection
(g)of this section, 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, within 30 days after the date that the notice of discharge or withdrawal of a collaborative lawyer required by subsection
(e)of this section is sent to the parties:
(1)The unrepresented party engages a successor collaborative lawyer; and
(2)In a signed record:
(i)The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(ii)The agreement is amended to identify the successor collaborative lawyer; and
(iii)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 of the collaborative matter as evidenced by a signed record.
(i)A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.