(a) A collaborative law process begins when the parties sign a collaborative law participation agreement.

Terms Used In Hawaii Revised Statutes 658G-5

  • Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Hawaii Revised Statutes 658G-2
  • Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

    (1) Sign a collaborative law participation agreement; and

    (2) Are represented by collaborative lawyers. See Hawaii Revised Statutes 658G-2

  • Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Hawaii Revised Statutes 658G-2
  • Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution including a dispute, claim, or issue in a proceeding which is described in a collaborative law participation agreement. See Hawaii Revised Statutes 658G-2
  • Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Hawaii Revised Statutes 658G-2
  • Proceeding: means :

    (1) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or

    (2) A legislative hearing or similar process. See Hawaii Revised Statutes 658G-2

  • 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. See Hawaii Revised Statutes 658G-2
  • 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. See Hawaii Revised Statutes 658G-2
  • Sign: means , with present intent, to authenticate or adopt a record:

    (1) To execute or adopt a tangible symbol; or

    (2) To attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 658G-2

  • Tribunal: means :

    (1) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or

    (2) A legislative body conducting a hearing or similar process. See Hawaii Revised Statutes 658G-2

(b) A tribunal may not order a party to participate in a collaborative law process over that party’s objection.
(c) A collaborative law process is concluded by:

(1) The resolution of a collaborative matter as evidenced by a signed record;
(2) The 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
(3) The termination of the process.
(d) A collaborative law process terminates:

(1) When a party gives notice to other parties in a record that the process is ended; or
(2) When a party:

(A) Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(B) In a pending proceeding related to the 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
(3) Except as otherwise provided by subsection (e), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(e) A party’s collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(f) A party may terminate a collaborative law process with or without cause.
(g) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (d)(3) is sent to the parties:

(1) The unrepresented party engages a successor collaborative lawyer; and
(2) In a signed record:

(A) The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(B) The agreement is amended to identify the successor collaborative lawyer; and
(C) The successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process.
(h) 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.
(i) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.

  Previous
Next  
 Chapter 658G Contents