State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-19 > 78b-19-105

78B-19-105. Beginning and concluding a collaborative law process.
(1) A collaborative law process begins when the parties sign a collaborative lawparticipation agreement.
(2) A tribunal may not order a party to participate in a collaborative law process over thatparty'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, inwhich the parties agree that the remaining parts of the matter will not be resolved in the process;or
(c) termination of the process.
(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 allparties; 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 thetribunal;
(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
(c) except as otherwise provided by Subsection (5), when a party discharges acollaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(5) A party's collaborative lawyer shall give prompt notice to all other parties of adischarge 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, acollaborative law process continues, if not later than 30 days after the date that the notice of thedischarge or withdrawal of a collaborative lawyer required by Subsection (4)(c) is sent to theparties:
(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 lawparticipation 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 inthe collaborative process.
(8) A collaborative law process does not conclude if, with the consent of the parties, aparty requests a tribunal to approve a resolution of the collaborative matter or any part thereof asevidenced by a signed record.
(9) A collaborative law participation agreement may provide additional methods ofconcluding a collaborative law process.

Enacted by Chapter 382, 2010 General Session