25-40-104. Beginning and concluding collaborative law process. (1) A collaborative law process begins when the parties sign a collaborative law participation agreement.
     (2) A tribunal may not order a party to participate in a collaborative law process over that party's objection.
     (3) A collaborative law process is concluded by a:
     (a) resolution of a collaborative matter as evidenced by a signed record;
     (b) 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
     (c) termination of the process.
     (4) A collaborative law process terminates:
     (a) when a party gives notice to other parties in a record that the process is ended;
     (b) when a party:
     (i) begins a proceeding related to a collaborative matter without the agreement of all parties; or
     (ii) in a pending proceeding related to the matter:
     (A) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
     (B) requests that the proceeding be scheduled for trial; or
     (C) takes a similar action requiring notice to be sent to the parties; or
     (c) except as otherwise provided by subsection (7), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
     (5) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
     (6) A party may terminate a collaborative law process with or without cause.
     (7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) is sent to the parties:
     (a) the unrepresented party engages a successor collaborative lawyer; and
     (b) in a signed record:
     (i) the parties consent to continue the process by reaffirming the collaborative law participation agreement;
     (ii) the agreement is amended to identify the successor collaborative lawyer; and
     (iii) the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
     (8) 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.
     (9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.

     History: En. Sec. 4, Ch. 200, L. 2015.