C.R.S.
Section 13-24-105
Beginning and concluding collaborative law process
(1)
A collaborative law process begins when the parties sign a collaborative law participation agreement.(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.(4)
A collaborative law process terminates:(a)
When a party gives notice to other parties in a record that the process is ended;(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 active calendar; or(C)
Takes similar action requiring notice to be sent to the parties; or(c)
Except as otherwise provided by subsection (7) of this section, when a party discharges a collaborative 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 in a record of a discharge or withdrawal.(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 thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) of this section 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.(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.
Source:
Section 13-24-105 — Beginning and concluding collaborative law process, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-13.pdf (accessed Dec. 24, 2024).
Up to date