New Hampshire § 490-J-5 - Section 490-J:5 Beginning and Concluding Collaborative Law Process.

§ 490-J-5. Section 490-J:5 Beginning and Concluding Collaborative Law Process.

I. A collaborative law process begins when the parties sign a collaborative law participation agreement. II. A court shall not order a party to participate in a collaborative law process over that party's objection. III. A collaborative law process is concluded by a: (a) Resolution of a collaborative matter as evidenced by a signed agreement; (b) Resolution of a part of the collaborative matter, evidenced by a signed agreement, 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. IV. A collaborative law process terminates: (a) When a party gives written notice to other parties that the process is ended. (b) Except as otherwise provided by paragraph VII, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party. (c) When a party: (1) Files a petition or other pleading related to a collaborative matter without the agreement of all parties; or (2) In a pending proceeding related to the matter: (A) Initiates a pleading, motion, order to show cause, or request for a conference with the court; or (B) Requests that the proceeding be put on the court's active docket; or (C) The matter is no longer stayed. V. A party's collaborative lawyer shall give prompt written notice to all other parties if the lawyer has been discharged or withdraws as counsel. VI. A party may terminate a collaborative law process with or without cause. VII. Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if within 30 days or within a time agreed to by the team in writing: (a) The unrepresented party engages a successor collaborative lawyer; and (b) The parties consent in writing to continue the process by reaffirming the collaborative law participation agreement, and the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process. VIII. A collaborative law process shall not conclude if the parties jointly request the court to approve a settlement of the collaborative matter or any part thereof. IX. A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.