| (1) |
A collaborative law process begins when the parties sign a collaborative law participation agreement. |
Terms Used In Utah Code 78B-19-105
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
| (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. |
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| (4) |
A collaborative law process terminates:
| (a) |
when a party gives notice to other parties in a record that the process is ended; or |
| (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 put on the tribunal’s calendar; or |
| (C) |
takes similar action requiring notice to be sent to the parties; or |
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| (c) |
except as otherwise provided by Subsection (5), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party. |
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| (5) |
A party’s collaborative lawyer shall give prompt notice to all other parties of a discharge or withdrawal, in accordance with the Rules of Civil Procedure. |
| (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 (4)(c) 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. |
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| (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. |
Enacted by Chapter 382, 2010 General Session
