§ 50-76 – Failure to reach settlement; disposition by court; duty of attorney to withdraw.
50-76. Failure to reach settlement; disposition by court; duty of attorney to withdraw. (a) If the parties fail to reach a settlement and no civil action has been filed, either party may file a civil action, unless the collaborative law agreement first provides for the use of arbitration or alternative dispute resolution. (b) If a […]
§ 50-77 – Privileged and inadmissible evidence.
50-77. Privileged and inadmissible evidence. (a) All statements, communications, and work product made or arising from a collaborative law procedure are confidential and are inadmissible in any court proceeding. Work product includes any written or verbal communications or analysis of any third-party experts used in the collaborative law procedure. (b) All communications and work product […]
§ 50-78 – Alternate dispute resolution permitted.
50-78. Alternate dispute resolution permitted. Nothing in this Article shall be construed to prohibit the parties from using, by mutual agreement, other forms of alternate dispute resolution, including mediation or binding arbitration, to reach a settlement on any of the issues included in the collaborative law agreement. The parties’ attorneys for the collaborative law proceeding […]
§ 50-79 – Collaborative law procedures surviving death.
50-79. Collaborative law procedures surviving death. Consistent with G.S. 50-20(l), the personal representative of the estate of a deceased spouse may continue a collaborative law procedure with respect to equitable distribution that has been initiated by a collaborative law agreement prior to death, notwithstanding the death of one of the spouses. The provisions of G.S. […]
§ 50-73 – Tolling of time periods.
50-73. Tolling of time periods. A validly executed collaborative law agreement shall toll all legal time periods applicable to legal rights and issues under law between the parties for the amount of time the collaborative law agreement remains in effect. This section applies to any applicable statutes of limitations, filing deadlines, or other time limitations […]
§ 50-74 – Notice of collaborative law agreement.
50-74. Notice of collaborative law agreement. (a) No notice shall be given to the court of any collaborative law agreement entered into prior to the filing of a civil action under this Article. (b) If a civil action is pending, a notice of a collaborative law agreement, signed by the parties and their attorneys, shall […]
§ 50-75 – Judgment on collaborative law settlement agreement.
50-75. Judgment on collaborative law settlement agreement. A party is entitled to an entry of judgment or order to effectuate the terms of a collaborative law settlement agreement if the agreement is signed by each party to the agreement. (2003-371, s. 1.)
§ 50-70 – Collaborative law.
50-70. Collaborative law. As an alternative to judicial disposition of issues arising in a civil action under this Article, except for a claim for absolute divorce, on a written agreement of the parties and their attorneys, a civil action may be conducted under collaborative law procedures as set forth in this Article. (2003-371, s. 1.)
§ 50-71 – Definitions.
50-71. Definitions. As used in this article, the following terms mean: (1) Collaborative law. – A procedure in which a husband and wife who are separated and are seeking a divorce, or are contemplating separation and divorce, and their attorneys agree to use their best efforts and make a good faith attempt to resolve their […]
§ 50-72 – Agreement requirements.
50-72. Agreement requirements. A collaborative law agreement must be in writing, signed by all the parties to the agreement and their attorneys, and must include provisions for the withdrawal of all attorneys involved in the collaborative law procedure if the collaborative law procedure does not result in settlement of the dispute. (2003-371, s. 1.)