§ 13-24-106 — 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. The
parties shall file promptly with the tribunal a notice of the collaborative law
participation agreement after it is signed. Subject to subsection (3) of this section
and sections 13-24-107 and 13-24-108 and the parties and the collaborative lawyers
inform the court that the parties are engaging in good faith in the collaborative law
process, any pending proceeding in the action filed by the parties shall be
continued to a date certain.

(2) The parties shall file promptly with the tribunal notice in a record when a
collaborative law process concludes. The stay of the proceeding under subsection
(1) of this section is lifted when the notice is filed. The notice may not specify any
reason for termination of the process.

(3) A tribunal in which a proceeding is stayed under subsection (1) of this
section may require the parties and collaborative lawyers to provide a status report
on the collaborative law process and the proceeding. A status report may include
only information on whether the process is ongoing or concluded. It may not include
a report, assessment, evaluation, recommendation, finding, or other communication
regarding a collaborative law process or collaborative law matter.

(4) A tribunal may not consider a communication made in violation of
subsection (3) of this section.

(5) A tribunal shall provide parties notice and an opportunity to be heard
before dismissing a proceeding in which a notice of collaborative process is filed
based on delay or failure to prosecute.

Legislative History

Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 792, � 1, effective January 1, 2022.