Michigan Laws 691.1332 – Definitions
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Terms Used In Michigan Laws 691.1332
- Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Michigan Laws 691.1332
- Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons sign a collaborative law participation agreement and are represented by collaborative lawyers. See Michigan Laws 691.1332
- Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Michigan Laws 691.1332
- Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, that is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state, including any of the following:
(i) Marriage, divorce, dissolution, annulment, and property distribution. See Michigan Laws 691.1332Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Michigan Laws 691.1332 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 691.1332 Proceeding: means any of the following:
(i) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery. See Michigan Laws 691.1332Record: 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. See Michigan Laws 691.1332 Sign: means , with present intent to authenticate or adopt a record, either of the following:
(i) To execute or adopt a tangible symbol. See Michigan Laws 691.1332state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Tribunal: means any of the following:
(i) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter. See Michigan Laws 691.1332
Sec 2.
As used in this act:
(a) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, to which both of the following apply:
(i) The statement is made to conduct, participate in, continue, or reconvene a collaborative law process.
(ii) The statement occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.
(b) “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process.
(c) “Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons sign a collaborative law participation agreement and are represented by collaborative lawyers.
(d) “Collaborative lawyer” means a lawyer who represents a party in a collaborative law process.
(e) “Collaborative matter” means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, that is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state, including any of the following:
(i) Marriage, divorce, dissolution, annulment, and property distribution.
(ii) Child custody, visitation, and parenting time.
(iii) Alimony, maintenance, and child support.
(iv) Adoption.
(v) Parentage.
(vi) Premarital, marital, and postmarital agreements.
(f) “Law firm” means both of the following:
(i) Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association.
(ii) Lawyers employed in a legal services organization, or the legal department of a corporation or other organization, or the legal department of a government or governmental subdivision, agency, or instrumentality.
(g) “Nonparty participant” means a person, other than a party and the party’s collaborative lawyer, that participates in a collaborative law process.
(h) “Party” means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
(i) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(j) “Proceeding” means any of the following:
(i) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery.
(ii) A legislative hearing or similar process.
(k) “Prospective party” means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.
(l) “Record” 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.
(m) “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.
(n) “Sign” means, with present intent to authenticate or adopt a record, either of the following:
(i) To execute or adopt a tangible symbol.
(ii) To attach to or logically associate with the record an electronic symbol, sound, or process.
(o) “Tribunal” means any of the following:
(i) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter.
(ii) A legislative body conducting a hearing or similar process.