RSA 490-J:5 · Beginning and Concluding Collaborative Law Process

490-J:5 Beginning and Concluding Collaborative Law Process. –

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I.

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

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II.

A court shall not order a party to participate in a collaborative law process over that party's objection.

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III.

A collaborative law process is concluded by a:

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(a)

Resolution of a collaborative matter as evidenced by a signed agreement;

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(b)

Resolution of a part of the collaborative matter, evidenced by a signed agreement, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or

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(c)

Termination of the process.

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IV.

A collaborative law process terminates:

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(a)

When a party gives written notice to other parties that the process is ended.

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(b)

Except as otherwise provided by paragraph VII, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

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(c)

When a party:

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(1)

Files a petition or other pleading related to a collaborative matter without the agreement of all parties; or

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(2)

In a pending proceeding related to the matter:

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(A)

Initiates a pleading, motion, order to show cause, or request for a conference with the court; or

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(B)

Requests that the proceeding be put on the court's active docket; or

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(C)

The matter is no longer stayed.

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V.

A party's collaborative lawyer shall give prompt written notice to all other parties if the lawyer has been discharged or withdraws as counsel.

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VI.

A party may terminate a collaborative law process with or without cause.

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VII.

Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if within 30 days or within a time agreed to by the team in writing:

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(a)

The unrepresented party engages a successor collaborative lawyer; and

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(b)

The parties consent in writing to continue the process by reaffirming the collaborative law participation agreement, and the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.

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VIII.

A collaborative law process shall not conclude if the parties jointly request the court to approve a settlement of the collaborative matter or any part thereof.

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IX.

A collaborative law participation agreement may provide additional methods of concluding a collaborative law process. Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.

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