78B-19-105. Beginning and concluding a collaborative law process.

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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 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:

(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:

(A)initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;

(B)requests that the proceeding be put on the tribunal's calendar; or

(C)takes similar action requiring notice to be sent to the parties; or

(c)except as otherwise provided by Subsection

(5), when a party 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 of a discharge or withdrawal, in accordance with the Rules of Civil Procedure.

(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 (4)(c) is sent to the parties:

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

(b)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.

(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.

Enacted by Chapter 382 , 2010 General Session