BEGINNING AND CONCLUDING COLLABORATIVE LAW PROCESS.
A.A collaborative law process begins when the parties sign a collaborative law participation agreement.
B.A tribunal may not order a party to participate in a collaborative law process over that party’s objection.
C.A collaborative law process is concluded by a: 1. Resolution of a collaborative matter as evidenced by a signed record; 2. 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 3. Termination of the process.
D.A collaborative law process terminates: 1. When a party gives notice to other parties in a record that the process is ended; 2. When a party: a. begins a proceeding related to a collabor
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BEGINNING AND CONCLUDING COLLABORATIVE LAW PROCESS. A. A collaborative law process begins when the parties sign a collaborative law participation agreement. B. A tribunal may not order a party to participate in a collaborative law process over that party’s objection. C. A collaborative law process is concluded by a: 1. Resolution of a collaborative matter as evidenced by a signed record; 2. 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 3. Termination of the process. D. A collaborative law process terminates: 1. When a party gives notice to other parties in a record that the process is ended; 2. When a party: a. begins a proceeding related to a collaborative matter without the agreement of all parties, or b. in a pending proceeding related to the matter: (1) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal, (2) requests that the proceeding be put on the tribunal’s active calendar, or (3) takes similar action requiring notice to be sent to the parties; or 3. Except as otherwise provided by subsection G of this section, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party. E. A party’s collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal. F. A party may terminate a collaborative law process with or without cause. G. Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than thirty (30) days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection E of this section is sent to the parties: 1. The unrepresented party engages a successor collaborative lawyer; and 2. In a signed record: a. the parties consent to continue the process by reaffirming the collaborative law participation agreement, b. the agreement is amended to identify the successor collaborative lawyer, and c. the successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process. H. 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. I. A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.