25-40-112. Standards of professional responsibility and mandatory reporting not affected
25-40-112. Standards of professional responsibility and mandatory reporting not affected. This part does not affect: (1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state. History: En. Sec. […]
25-40-113. Appropriateness of collaborative law process
25-40-113. 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 […]
25-40-114. Coercive or violent relationship
25-40-114. Coercive or violent relationship. (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. (2) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the […]
25-40-115. Confidentiality of collaborative law communication
25-40-115. Confidentiality of collaborative law communication. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law. History: En. Sec. 15, Ch. 200, L. 2015.
25-40-116. Privilege against disclosure for collaborative law communication — admissibility — discovery
25-40-116. Privilege against disclosure for collaborative law communication — admissibility — discovery. (1) Subject to 25-40-117 and 25-40-118, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence. (2) In a proceeding, the following privileges apply: (a) A party may refuse to disclose, and may […]
25-40-102. Definitions
25-40-102. Definitions. (1) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that: (a) is made to conduct, participate in, continue, or reconvene a collaborative law process; and (b) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. (2) ”Collaborative law participation agreement” […]
25-40-103. Collaborative law participation agreement — requirements
25-40-103. Collaborative law participation agreement — requirements. (1) A collaborative law participation agreement must: (a) be in a record; (b) be signed by the parties; (c) state the parties’ intention to resolve a collaborative matter through a collaborative law process under this part; (d) describe the nature and scope of the matter; (e) identify the collaborative lawyer who represents each party […]
25-40-104. Beginning and concluding collaborative law process
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 […]
25-40-105. Proceedings pending before tribunal — status report
25-40-105. Proceedings pending before tribunal — status report. (1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to 25-40-106 and […]
25-40-106. Emergency order
25-40-106. Emergency order. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party. History: En. Sec. 6, Ch. 200, L. 2015.