North Carolina § 1-642 - Definitions.

§ 1-642. Definitions.

The following definitions apply in this Article: Collaborative law communication. - A statement, whether oral or in a record, or verbal or nonverbal, that does all of the following: Is made to conduct, participate in, continue, or reconvene a collaborative law process. Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. Collaborative law participation agreement. - An agreement by persons to participate in a collaborative law process under this Article. Collaborative law process. - A procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons do all of the following: Sign a collaborative law participation agreement. Are represented by collaborative lawyers. Collaborative lawyer. - A lawyer who represents a party in a collaborative law process. Collaborative matter. - A dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, which is described in a collaborative law participation agreement. Law firm. - Any of the following: Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association. Lawyers employed in a legal services organization, or the legal department of a corporation or other organization, or the legal department of a government or governmental subdivision, agency, or instrumentality. Nonparty participant. - A person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process. Party. - A person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. Person. - An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. Proceeding. - Any of the following: A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery. A legislative hearing or similar process. Prospective party. - A person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement. Record. - Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Related to the collaborative matter. - Involving the same transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter. Sign. - With present intent to authenticate or adopt a record to do any of the following: Execute or adopt a tangible symbol. Attach to or logically associate with the record an electronic symbol, sound, or process. Tribunal. - Any of the following: A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter. A legislative body conducting a hearing or similar process. History (2020-65, s. 1.)