490-J:2 Definitions. –
In this chapter:
I. "Collaborative law communication" means a statement, whether oral or in a document, that:
(a) Is made as part of a collaborative law process;
(b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded; and
(c) Is not otherwise privileged pursuant to the attorney client relationship.
II. "Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.
III. "Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a court in which persons:
(a) Sign a collaborative law participation agreement; and
(b) Are represented by collaborative lawyers.
IV. "Collaborative lawyer" means a lawyer who represents a party in a collaborative law process.
V. "Collaborative matter" means an issue for resolution which is described in a collaborative law participation agreement and arises under the law of this state, including, but not limited to:
(a) Marriage, divorce, annulment, legal separation, and property distribution;
(b) Parental rights and responsibilities;
(c) Grandparent rights;
(d) Alimony, maintenance, and child support;
(e) Parentage;
(f) Premarital and post-marital agreements; and
(g) Any modifications of any orders arising out of the matters set forth in subparagraphs (a)-(f).
VI. "Court" means a body acting in an adjudicative capacity which has jurisdiction to render a decision affecting a party's interests in a matter.
VII. "Document" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
VIII. "Law firm" means lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, association or legal services organization.
IX. "Neutral participant" means a person, other than a party and a party's collaborative lawyer, that participates in a collaborative law process.
X. "Party" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
XI. "Proceeding" means a judicial or other adjudicative process.
XII. "Prospective party" means a person who discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.
XIII. "Related to a collaborative matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.
XIV. "Sign" means with present intent to authenticate or adopt a document by electronic or non-electronic signature.
Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.