Oklahoma § 12-3305 - Beginning and concluding collaborative law process

§ 12-3305. Beginning and concluding collaborative law process

BEGINNING AND CONCLUDING COLLABORATIVE LAW PROCESS.

A. A collaborative law process begins when the parties sign a

collaborative law participation agreement.

B. A 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 a:

1. Resolution of a collaborative matter as evidenced by a

signed record;

2. 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. 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;

2. When a party:

Oklahoma Statutes - Title 12. Civil Procedure

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:

(1) initiates a pleading, motion, order to show

cause, or request for a conference with the

tribunal,

(2) requests that the proceeding be put on the

tribunal’s active calendar, or

(3) 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 other 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 thirty (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 a 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.

Added by Laws 2025, c. 226, § 5, eff. Jan. 1, 2026.