D.C. Code § 16-4005: Beginning and concluding collaborative law process.
Where this section sits in the code
- Title 16. Particular Actions, Proceedings and Matters. [Enacted title]
- Chapter 40. Collaborative Law; Uniform Act.
(a)
A collaborative law process begins when the parties sign a collaborative law participation agreement.
(b)
The 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:
(1)
The resolution of a collaborative matter as evidenced by a signed record;
(2)
The 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)
The 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; or
(2)
When a party:
(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:
(i)
Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
(ii)
Requests that the proceeding be put on the tribunal’s calendar; or
(iii)
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 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 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 the 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.
Collected 2026-08-29T05:44:07Z. Source file · JSON