Section 3105.44 | Collaborative family law process.
(A) A collaborative family law process begins when the parties sign a collaborative family law participation agreement.
(B) A collaborative family law process is concluded by any of the following:
(1) A negotiated resolution of the matter as evidenced by a signed record;
(2) A negotiated resolution of a portion of the matter as evidenced by a signed record in which the parties agree that the remaining portions of the matter will not be resolved in the collaborative family law process;
(3) Termination of the process under division (C) of this section.
(C) A collaborative family law process terminates when any of the following occurs:
(1) A party gives notice in a record that the collaborative family law process is ended.
(2) A party does either of the following:
(a) Begins a proceeding related to the collaborative family law matter without the agreement of all parties;
(b) In a pending proceeding related to the collaborative family law matter, does any of the following:
(i) Initiates a pleading, motion, order to show cause, or request for a conference with the court;
(ii) Requests that the proceeding be put on the court's docket;
(iii) Takes similar action requiring notice to be sent to the parties;
(iv) Except as otherwise provided by division (E)(2) of this section, discharges a collaborative family lawyer.
(3) A collaborative family lawyer withdraws from further representation of a party.
(4) Termination occurs in any other way provided for in the collaborative family law participation agreement.
(D) A party may terminate a collaborative family law process with or without cause. A notice of termination need not specify a reason for terminating the process.
(E)(1) A collaborative family lawyer who is discharged or who withdraws shall give prompt notice in a record of the discharge or withdrawal to all other parties.
(2) Notwithstanding the discharge or withdrawal of a collaborative family lawyer, a collaborative family law process continues if the unrepresented party engages a successor collaborative family lawyer, and, in a signed record, all parties consent to continue the process by reaffirming the collaborative family law participation agreement, the collaborative family law participation agreement is amended to identify the successor collaborative family lawyer, and the successor collaborative family lawyer confirms the lawyer's representation of a party in the collaborative family law process.
(F) A collaborative family law process does not terminate if, with the consent of all parties, a party requests a court to approve a negotiated resolution of the matter or any portion of the matter as evidenced by a signed record.
Available Versions of this Section
- March 22, 2013 – House Bill 461 - 129th General Assembly [ View March 22, 2013 Version ]