§ 25-40-104

25-40-104. Beginning and concluding collaborative law process. (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; (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 scheduled for trial; or (C) takes a similar action requiring notice to be sent to the parties; or (c) except as otherwise provided by

conference with the tribunal; (B) requests that the proceeding be scheduled for trial; or (C) takes a similar action requiring notice to be sent to the parties; or (c) except as otherwise provided by subsection (7), 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 in a record of a discharge or withdrawal. (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: (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

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. History: En. Sec. 4, Ch. 200, L. 2015.