Colorado § 13-24-105 Beginning and concluding collaborative law process

Colorado Statutes

§ 13-24-105 — Beginning and concluding collaborative law process

Colorado·Title 13 Courts·Art. Uniform Collaborative Law Act

(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 collaborative matter as evidenced by a signed record;

(b)Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or

(c)Termination of the process.

(4)A collaborative law process terminates:

(a)When a party gives notice to other parties in a record that the process is ended;

(b)When a party:

(I)Begins a proceeding related to a collaborative matter without the a

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(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 collaborative matter as evidenced by a signed record;

(b) Resolution of a part of the collaborative matter, evidenced by a signed
record, in which the parties agree that the remaining parts of the matter will not be
resolved in the process; or

(c) Termination of the process.

(4) A collaborative law process terminates:

(a) When a party gives notice to other parties in a record that the process is
ended;

(b) When a party:

(I) Begins a proceeding related to a collaborative matter without the
agreement of all parties; or

(II) In a pending proceeding related to the matter:

(A) Initiates a pleading, motion, order to show cause, or request for a
conference with the tribunal;

(B) Requests that the proceeding be put on the tribunal's active calendar; or

(C) Takes similar action requiring notice to be sent to the parties; or

(c) Except as otherwise provided by subsection (7) of this section, when a
party discharges a collaborative lawyer or a collaborative lawyer withdraws from
further representation of a party.

(5) A party's collaborative lawyer shall give prompt notice to all other parties
in a record of a discharge or withdrawal.

(6) A party may terminate a collaborative law process with or without cause.

(7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a
collaborative law process continues if, not later than thirty days after the date that
the notice of the discharge or withdrawal of a collaborative lawyer required by
subsection (5) of this section is sent to the parties:

(a) The unrepresented party engages a successor collaborative lawyer; and

(b) In a signed record:

(I) The parties consent to continue the process by reaffirming the
collaborative law participation agreement;

(II) The agreement is amended to identify the successor collaborative lawyer;
and

(III) The successor collaborative lawyer confirms the lawyer's representation
of a party in the collaborative process.

(8) A collaborative law process does not conclude if, with the consent of the
parties, a party requests a tribunal to approve a resolution of the collaborative
matter or any part thereof as evidenced by a signed record.

(9) A collaborative law participation agreement may provide additional
methods of concluding a collaborative law process.

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