[ Editor’s note: This section is effective January 1, 2022. ] This article 24 may be cited as the “Uniform Collaborative Law Act”. Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 788, § 1, effective January 1, 2022.
[ Editor’s note: This section is effective January 1, 2022. ] In this article 24: “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that: Is made to conduct, participate in, continue, or reconvene a collaborative law process; and Occurs after the parties sign a collaborative law participation […]
[ Editor’s note: This section is effective January 1, 2022. ] This article 24 applies to a collaborative law participation agreement that meets the requirements of section 13-24-104 signed on or after the effective date of this article 24. Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 790, § 1, effective January […]
[ Editor’s note: This section is effective January 1, 2022.] A collaborative law participation agreement must: Be in a record; Be signed by the parties; State the parties’ intention to resolve a collaborative matter through a collaborative law process under this article 24 as enacted in Colorado and informed consent concerning the consequences of the […]
[ Editor’s note: This section is effective January 1, 2022.] A collaborative law process begins when the parties sign a collaborative law participation agreement. A tribunal may not order a party to participate in a collaborative law process over that party’s objection. A collaborative law process is concluded by a: Resolution of a collaborative matter […]
[ Editor’s note: This section is effective January 1, 2022.] 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 […]
[ Editor’s note: This section is effective January 1, 2022. ] During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or a minor child of either of the parties. Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 793, § […]
[ Editor’s note: This section is effective January 1, 2022. ] A tribunal may approve an agreement resulting from a collaborative law process. Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 793, § 1, effective January 1, 2022.
[ Editor’s note: This section is effective January 1, 2022.] Except as otherwise provided in subsection (3) of this section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. Except as otherwise provided in subsection (3) of this section and section 13-24-111, […]
[ Editor’s note: This section is effective January 1, 2022.] The disqualification of section 13-24-109 (1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent […]
[ Editor’s note: This section is effective January 1, 2022. ] Except as provided by law other than this article 24, during the collaborative law process, on the request of one party made to the other party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without […]
[ Editor’s note: This section is effective January 1, 2022.] This article 24 does not affect: The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state. […]
[ Editor’s note: This section is effective January 1, 2022.] Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: 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; Provide the prospective party with information […]
[ Editor’s note: This section is effective January 1, 2022.] Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry into whether the prospective party has a history of a coercive or violent relationship with another prospective party. Throughout a collaborative law process, a collaborative lawyer reasonably […]
[ Editor’s note: This section is effective January 1, 2022. ] A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state and the provisions of this article 24. Nothing herein modifies the confidentiality provisions contained in part 3 of article […]
[ Editor’s note: This section is effective January 1, 2022.] Subject to sections 13-24-118 and 13-24-119, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence in any proceeding except as agreed by the parties and nonparty participants, if any, in a […]
[ Editor’s note: This section is effective January 1, 2022.] A privilege under section 13-24-117 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. A […]
[ Editor’s note: This section is effective January 1, 2022.] There is no privilege under section 13-24-117 for a collaborative law communication that is: Available to the public under article 72 of title 24; A threat or statement of a plan to inflict bodily injury or commit a crime of violence or a threat to […]
[ Editor’s note: This section is effective January 1, 2022.] If an agreement fails to meet the requirements of section 13-24-104 or a lawyer fails to comply with section 13-24-114 or 13-24-115, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they: Signed a record indicating […]
[ Editor’s note: This section is effective January 1, 2022. ] 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. Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 798, § […]
