NRS 38.490 Collaborative law process: Commencement; participation; conclusion; termination; withdrawal of collaborative attorney; continuation after discharge or withdrawal of collaborative lawyer.

443 words·~2 min read·/nv/chapter-38-mediation-and-arbitration/38-490

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 tribunal may not order a party to participate in a collaborative law process over the objection of that party.

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 collaborative matter will not be resolved in the collaborative law process; or

(c)Termination of the collaborative law process.

4. A collaborative law process terminates:

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

(b)When a party:

(1)Begins a proceeding related to a collaborative matter without the agreement of all parties; or

(2)In a pending proceeding related to the collaborative 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

(c)Except as otherwise provided in subsection 7, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

5. The collaborative lawyer of a party shall give prompt notice to all other parties in a record of the discharge or withdrawal of the collaborative lawyer.

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 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection 5 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 tribunal 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.