§12-3314. Appropriateness of collaborative law process.
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/ok/title-12-civil-procedure/12-3314·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
APPROPRIATENESS OF COLLABORATIVE LAW PROCESS.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
1. Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter;
2. Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and
3. Advise the prospective party that:
a. after signing an agreement if a party initiates a
proceeding or seeks tribunal intervention in a pending
proceeding related to the collaborative matter, the
collaborative law process terminates,
b. participation in a collaborative law process is
voluntary and any party has the right to terminate
unilaterally a collaborative law process with or
without cause, and
c. the collaborative lawyer and any lawyer in a law firm
with which the collaborative lawyer is associated may
not appear before a tribunal to represent a party in a
proceeding related to the collaborative matter, except
as authorized by subsection C of Section 9 of this
act, subsection B of Section 10 of this act, or
subsection B of Section 11 of this act. Added by Laws 2025, c. 226, § 14, eff. Jan. 1, 2026.