§ 13-24-105. Beginning and Concluding Collaborative Law Process

[ Editor’s note: This section is effective January 1, 2022.]

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:
   1. Resolution of a collaborative matter as evidenced by a signed record;
   2. 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. Termination of the process.
4. 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:
      1. Begins a proceeding related to a collaborative matter without the agreement of all parties; or
      2. In a pending proceeding related to the matter:
         1. Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
         2. Requests that the proceeding be put on the tribunal’s active calendar; or
         3. Takes similar action requiring notice to be sent to the parties; or
   3. Except as otherwise provided by subsection (7) of this section, 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 thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) of this section is sent to the parties:
   1. The unrepresented party engages a successor collaborative lawyer; and
   2. 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.

Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 791, § 1, effective January 1, 2022.