(1) The collaborative law process begins, regardless of whether a legal proceeding is pending, when the parties enter into 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 any of the following: (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 collaborative matter will not be resolved in the collaborative law process; or (c) Termination of the collaborative law process. (4) A collaborative law process terminates when a party: (a) Gives notice to the other parties in a record that the collaborative law process is concluded; (b) Begins a proceeding related to a collaborative matter without the consent of all parties; (c) Initiates a pleading, a motion, an order to show cause, or a request for a conference with a tribunal in a pending proceeding related to a collaborative matter; (d) Requests that the proceeding be put on the tribunal’s active calendar in a pending proceeding related to a collaborative matter; (e) Takes similar action requiring notice to be sent to the parties in a pending proceeding related to a collaborative matter; or (f) Discharges a collaborative attorney or a collaborative attorney withdraws from further representation of a party, except as otherwise provided in subsection (7). (5) A party’s collaborative attorney 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 attorney, the collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative attorney required by subsection (5) is sent to the parties: (a) The unrepresented party engages a successor collaborative attorney; (b) The parties consent to continue the collaborative law process by reaffirming the collaborative law participation agreement in a signed record; (c) The collaborative law participation agreement is amended to identify the successor collaborative attorney in a signed record; and (d) The successor collaborative attorney confirms his or her representation of a party in the collaborative law participation agreement in a signed record. (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 a collaborative matter or any part thereof as evidenced by a signed record. (9) A collaborative law participation agreement may provide additional methods for concluding a collaborative law process.
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