490-J:5 Beginning and Concluding Collaborative Law Process. –
I. A collaborative law process begins when the parties sign a collaborative law participation agreement.
II. A court shall not order a party to participate in a collaborative law process over that party's objection.
III. A collaborative law process is concluded by a:
(a) Resolution of a collaborative matter as evidenced by a signed agreement;
(b) Resolution of a part of the collaborative matter, evidenced by a signed agreement, 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.
IV. A collaborative law process terminates:
(a) When a party gives written notice to other parties that the process is ended.
(b) Except as otherwise provided by paragraph VII, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(c) When a party:
(1) Files a petition or other pleading related to a collaborative matter without the agreement of all parties; or
(2) In a pending proceeding related to the matter:
(A) Initiates a pleading, motion, order to show cause, or request for a conference with the court; or
(B) Requests that the proceeding be put on the court's active docket; or
(C) The matter is no longer stayed.
V. A party's collaborative lawyer shall give prompt written notice to all other parties if the lawyer has been discharged or withdraws as counsel.
VI. A party may terminate a collaborative law process with or without cause.
VII. Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if within 30 days or within a time agreed to by the team in writing:
(a) The unrepresented party engages a successor collaborative lawyer; and
(b) The parties consent in writing to continue the process by reaffirming the collaborative law participation agreement, and the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
VIII. A collaborative law process shall not conclude if the parties jointly request the court to approve a settlement of the collaborative matter or any part thereof.
IX. A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.