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Statutes Text

Article - Courts and Judicial Proceedings


    (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.

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