Virginia Code 20-171: Beginning and concluding collaborative law process
A. A collaborative law process begins when the parties sign a collaborative law participation agreement.
Terms Used In Virginia Code 20-171
- Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Virginia Code 20-168
- 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 Virginia Code 20-168
- Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Virginia Code 20-168
- Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution that is described in a collaborative law participation agreement and that is between family or household members or arises under the family or domestic relations laws of the Commonwealth, including (i) marriage, divorce, dissolution, annulment, and property distribution; (ii) child custody, visitation, and parenting time; (iii) alimony, spousal support, maintenance, and child support; (iv) adoption; (v) parentage; and (vi) negotiation or enforcement of premarital, marital, and separation agreements. See Virginia Code 20-168
- Docket: A log containing brief entries of court proceedings.
- Party: means a person who signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Virginia Code 20-168
- Proceeding: means a judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery. See Virginia Code 20-168
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- 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 Virginia Code 20-168
- 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 Virginia Code 20-168
- Sign: means , with present intent to authenticate or adopt a record, to (i) execute or adopt a tangible symbol or (ii) attach to or logically associate with the record an electronic symbol, sound, or process. See Virginia Code 20-168
- Tribunal: means 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 interest in a matter. See Virginia Code 20-168
B. A tribunal shall not order a party to participate in a collaborative law process over such party’s objection.
C. A collaborative law process is concluded by a:
1. Resolution of a collaborative matter as evidenced by a signed record;
2. 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. Termination of the process.
D. A collaborative law process terminates:
1. When a party gives notice to his collaborative lawyer and to other parties in a record that the process is ended;
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 docket; or (iii) takes similar action requiring notice to be sent to the parties; or
3. Except as otherwise provided by subsection G, 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 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection E 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 collaborative law participation 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 of such matter as evidenced by a signed record, including any orders necessary to effectuate the terms of an agreement reached in the collaborative law process and evidenced in a signed record.
I. A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
2021, Sp. Sess. I, c. 346.