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 not otherwise privileged pursuant to the attorney client relationship.
II. "
Collaborative law participation agreement
" means an agreement by persons to participate in a collaborative law process.
III. "
Collaborative law process
" means a procedure intended to resolve a collaborative matter without intervention by a court in which persons:
(a) Sign a collaborative law participation agreement; and
(b) Are represented by collaborative lawyers.
IV. "
Collaborative lawyer
" means a lawyer who represents a party in a collaborative law process.
V. "
Collaborative matter
" means an issue for resolution which is described in a collaborative law participation agreement and arises under the law of this state, including, but not limited to:
(a) Marriage, divorce, annulment, legal separation, and property distribution;
(b) Parental rights and responsibilities;
(c) Grandparent rights;
(d) Alimony, maintenance, and child support;
(e) Parentage;
(f) Premarital and post-marital agreements; and
(g) Any modifications of any orders arising out of the matters set forth in subparagraphs (a)-(f).
VI. "
Court
" means a body acting in an adjudicative capacity which has jurisdiction to render a decision affecting a party’s interests in a matter.
VII. "
Document
" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
VIII. "
Law firm
" means lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, association or legal services organization.
IX. "
Neutral participant
" means a person, other than a party and a party’s collaborative lawyer, that participates in a collaborative law process.
X. "
Party
" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
XI. "
Proceeding
" means a judicial or other adjudicative process.
XII. "
Prospective party
" means a person who discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.
XIII. "
Related to a collaborative matter
" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.
XIV. "
Sign
" means with present intent to authenticate or adopt a document by electronic or non-electronic signature.
Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.