Section 490-J:2 – Definitions.
490-J:2 Definitions. – In this chapter: I. " Collaborative law communication " means a statement, whether oral or in a document, that: (a) Is made as part of a collaborative law process; (b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded; and (c) Is […]
Section 490-J:3 – Applicability.
490-J:3 Applicability. – This chapter applies to a collaborative law participation agreement that meets the requirements of RSA 490-J:4 signed on or after the effective date of the chapter. Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
Section 490-J:4 – Collaborative Law Participation Agreement; Requirements.
490-J:4 Collaborative Law Participation Agreement; Requirements. – I. A collaborative law participation agreement shall: (a) Be in writing; (b) Be signed by the parties; (c) State the parties’ intention to resolve a collaborative matter through a collaborative law process under this chapter; (d) Describe the nature and scope of the matter; (e) Contain a […]
Section 490-J:5 – Beginning and Concluding Collaborative Law Process.
490-J:5 Beginning and Concluding Collaborative Law Process. – I. A collaborative law process begins when the parties sign a collaborative law participation agreement. II. A court shall not order a party to participate in a collaborative law process over that party’s objection. III. A collaborative law process is concluded by a: (a) Resolution of […]
Section 490-J:6 – Cases Already Filed in Court.
490-J:6 Cases Already Filed in Court. – I. Parties who have already initiated a proceeding by filing a petition with the court may jointly request the court to stay future action in the matter so the parties may engage in a collaborative process for resolution of the matter. Before signing a participation agreement, the […]
Section 490-J:7 – Emergency Order.
490-J:7 Emergency Order. – During a collaborative law process, a court may issue emergency orders to protect the health, safety, welfare, or interest of a party; however, filing for such an order terminates the pending collaborative law process. Nothing in this section prohibits parties from exploring a return to the collaborative process after the […]