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The DC Code: § 16-4005 Beginning and concluding collaborative law process.

Index16 Particular Actions, Proceedings and Matters. (Refs & Annos)
a
A collaborative law process begins when the parties sign a collaborative law participation agreement.
b
The 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 calendar; or
iii
Takes similar action requiring notice to be sent to the parties; or
3
Except as otherwise provided by subsection (g) of this section, 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 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) of this section 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 the 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.

Historical and Statutory

Legislative History of Laws For history of Law 19-125, see notes under § 16-4001. Uniform Law: This section is based on § 5 of the Uniform Collaborative Law Act. See Vol. 7 , Part 1B, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw. DC CODE § 16-4005 Current through December 11, 2012

Credits

(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)