§ 1-644 – Collaborative law participation agreement; requirements.
1-644. Collaborative law participation agreement; requirements. (a) A collaborative law participation agreement must meet all of the following requirements: (1) Be in a record. (2) Be signed by the parties and their collaborative lawyers. (3) State the parties’ intention to resolve a collaborative matter through a collaborative law process under this Article. (4) Describe the […]
§ 1-660 – Authority of tribunal in case of noncompliance.
1-660. Authority of tribunal in case of noncompliance. (a) If an agreement fails to meet the requirements of G.S. 1-644 or a lawyer fails to comply with G.S. 1-654, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they did both of the following: (1) Signed […]
§ 1-645 – Beginning and concluding collaborative law process; tolling of time periods.
1-645. Beginning and concluding collaborative law process; tolling of time periods. (a) Participation in a collaborative law process is voluntary. A collaborative law process begins when the parties sign a collaborative law participation agreement. (b) A tribunal shall not order a person to participate in a collaborative law process over that person’s objection. (c) A […]
§ 1-661 – Alternative dispute resolution permitted.
1-661. Alternative dispute resolution permitted. Nothing in this Article prohibits the parties from using, by mutual agreement, other forms of nonadversarial alternate dispute resolution, including mediation, to reach a settlement on any of the issues included in the collaborative law participation agreement. The parties’ collaborative lawyers may also serve as counsel for any form of […]
§ 1-646 – Proceedings pending before tribunal; status report.
1-646. Proceedings pending before tribunal; status report. (a) 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 collaborative law participation agreement after it is signed. Subject […]
§ 1-662 – Uniformity of application and construction.
1-662. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (2020-65, s. 1.)
§ 1-647 – Emergency order.
1-647. Emergency order. During a collaborative law process, a party may begin a proceeding and a tribunal may issue emergency orders upon motion of a party in that or an already pending proceeding to protect the health, safety, welfare, or interest of a party or otherwise preserve the status quo. (2020-65, s. 1.)
§ 1-663 – Relation to Electronic Signatures in Global and National Commerce Act.
1-663. Relation to Electronic Signatures in Global and National Commerce Act. This Article modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the […]
§ 1-648 – Approval of agreement by tribunal.
1-648. Approval of agreement by tribunal. A tribunal may approve an agreement resulting from a collaborative law process. (2020-65, s. 1.)
§ 1-649 – Disqualification of collaborative lawyer and lawyers in associated law firm.
1-649. Disqualification of collaborative lawyer and lawyers in associated law firm. (a) Except as otherwise provided in subsection (c) of this section and G.S. 1-647, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. (b) Except as otherwise provided in subsection (c) […]