Oklahoma § 12-3314 - Appropriateness of collaborative law process

§ 12-3314. Appropriateness of collaborative law process

APPROPRIATENESS OF COLLABORATIVE LAW PROCESS.

Before a prospective party signs a collaborative law

participation agreement, a prospective collaborative lawyer shall:

1. Assess with the prospective party factors the lawyer

reasonably believes relate to whether a collaborative law process is

appropriate for the prospective party’s matter;

Oklahoma Statutes - Title 12. Civil Procedure

2. Provide the prospective party with information that the

lawyer reasonably believes is sufficient for the party to make an

informed decision about the material benefits and risks of a

collaborative law process as compared to the material benefits and

risks of other reasonably available alternatives for resolving the

proposed collaborative matter, such as litigation, mediation,

arbitration, or expert evaluation; and

3. Advise the prospective party that:

a.

after signing an agreement if a party initiates a

proceeding or seeks tribunal intervention in a pending

proceeding related to the collaborative matter, the

collaborative law process terminates,

b.

participation in a collaborative law process is

voluntary and any party has the right to terminate

unilaterally a collaborative law process with or

without cause, and

c.

the collaborative lawyer and any lawyer in a law firm

with which the collaborative lawyer is associated may

not appear before a tribunal to represent a party in a

proceeding related to the collaborative matter, except

as authorized by subsection C of Section 9 of this

act, subsection B of Section 10 of this act, or

subsection B of Section 11 of this act.

Added by Laws 2025, c. 226, § 14, eff. Jan. 1, 2026.