78B-19-104. Collaborative law participation agreement — Requirements. (1) A collaborative law participation agreement must: (a) be in a record; (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) identify the […]
78B-19-105. Beginning and concluding a collaborative law process. (1) A collaborative law process begins when the parties sign a collaborative law participation agreement. (2) A tribunal may not order a party to participate in a collaborative law process over that party’s objection. (3) A collaborative law process is concluded by a: (a) resolution of a […]
78B-19-106. Proceedings pending before tribunal — Status report. (1) 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. Parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to Subsection (3) […]
Effective 7/1/2020 78B-19-107. Emergency orders. During a collaborative law process, a court may issue emergency orders, including protective orders in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, or Part 2, Child Protective Orders, to protect the health, safety, welfare, or interest of a party or member of a party’s household. […]
78B-19-108. Approval of agreement by tribunal. A court may approve an agreement resulting from a collaborative law process. Enacted by Chapter 382, 2010 General Session
78B-19-109. Disclosure of information. Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has […]
78B-19-110. Standards of professional responsibility and mandatory reporting not affected. This chapter does not affect: (1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this […]
78B-19-111. Appropriateness of collaborative law process. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: (1) 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; (2) provide the prospective party with information that the […]
78B-19-112. Coercive or violent relationship. (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. (2) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess […]
78B-19-113. Confidentiality of collaborative law communication. 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 other than this chapter. Enacted by Chapter 382, 2010 General Session
78B-19-114. Authority of tribunal in case of noncompliance. (1) If an agreement fails to meet the requirements of Section 78B-19-104, or a lawyer fails to comply with Section 78B-19-111 or 78B-19-112, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they: (a) signed a record indicating […]
78B-19-115. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Enacted by Chapter 382, 2010 General Session
78B-19-116. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C.A. Sec. 7001 et seq. (2009), but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C.A. Sec. 7001(c), or authorize electronic delivery of […]
