§ 12-3314 — Appropriateness of collaborative law process.

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 lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and 3. Advise the prospective party that: a. after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates, b. participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause, and c. the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection C of Section 9 of this act, subsection B of Section 10 of this act, or subsection B of Section 11 of this act.

Legislative History

Added by Laws 2025, c. 226, § 14, eff. Jan. 1, 2026.