[§658G-5]  Beginning and concluding a collaborative law process.  (a)  A collaborative law process begins when the parties sign a collaborative law participation agreement.

     (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. [L 2012, c 207, pt of §1]