§ 490-J:6 — Cases Already Filed in Court

I. Parties who have already initiated a proceeding by filing a petition with the court may jointly request the court to stay future action in the matter so the parties may engage in a collaborative process for resolution of the matter. Before signing a participation agreement, the parties shall file an assented to motion to stay the proceedings with the court. The case shall not proceed with the collaborative process unless the stay is granted by the court. An extension of the stay may be requested of the court by written agreement to continue the collaborative process.
II. Either party can initiate a filing with the court to remove the stay and proceed with a litigated solution in the matter at any time.
III. Any unilateral filing with the court terminates the collaborative case. The case shall be returned to the active docket.
IV. A court shall provide parties notice and an opportunity to be heard before dismissing a case in which a notice of collaborative process is filed.

Legislative History

2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.