Collaborative law process: Commencement; participation; conclusion; termination; withdrawal of collaborative attorney; continuation after discharge or withdrawal of collaborative lawyer

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 the objection of that party. 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 collaborative matter will not be resolved in the collaborative law process; or (c) Termination of the collaborative law process. 4. A collaborative law process terminates: (a) When a party gives notice to other parties in a record that the collaborative law process is ended; (b) When a party: (1) Begins a proceeding related to a collaborative matter without the agreement of all parties; or (2) In a pending proceeding related to the collaborative matter: (I) Initiates a pleading, motion, order to show cause or request for a conference with the tribunal; (II) Requests that the proceeding be put on the tribunal’s active calendar; or (III) Takes similar action requiring notice to be sent to the parties; or (c) Except as otherwise provided in subsection 7, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party. 5. The collaborative lawyer of a party shall give prompt notice to all other parties in a record of the discharge or withdrawal of the collaborative lawyer. 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: (1) The parties consent to continue the process by reaffirming the collaborative law participation agreement; (2) The agreement is amended to identify the successor collaborative lawyer; and (3) 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.