{"data":{"id":"us-mt/25-40-104","jurisdiction":"us-mt","citation":"25-40-104","heading":"Beginning and concluding collaborative law process.","body":"(1) A collaborative law process begins when the parties sign a collaborative law participation agreement.\n(2) A tribunal may not order a party to participate in a collaborative law process over that party's objection.\n(3) A collaborative law process is concluded by a:\n(a) resolution of a collaborative matter as evidenced by a signed record;\n(b) 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\n(c) termination of the process.\n(4) A collaborative law process terminates:\n(a) when a party gives notice to other parties in a record that the process is ended;\n(b) when a party:\n(i) begins a proceeding related to a collaborative matter without the agreement of all parties; or\n(ii) in a pending proceeding related to the matter:\n(A) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;\n(B) requests that the proceeding be scheduled for trial; or\n(C) takes a similar action requiring notice to be sent to the parties; or\n(c) except as otherwise provided by subsection (7), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.\n(5) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.\n(6) A party may terminate a collaborative law process with or without cause.\n(7) 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 (5) is sent to the parties:\n(a) the unrepresented party engages a successor collaborative lawyer; and\n(b) in a signed record:\n(i) the parties consent to continue the process by reaffirming the collaborative law participation agreement;\n(ii) the agreement is amended to identify the successor collaborative lawyer; and\n(iii) the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.\n(8) 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.\n(9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.","path":["TITLE 25. CIVIL PROCEDURE","CHAPTER 40. ALTERNATIVE DISPUTE RESOLUTION","Part 1. Uniform Collaborative Law Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0250/chapter_0400/part_0010/section_0040/0250-0400-0010-0040.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:18Z","sha256":"4399b7656772fe70b3196ace0d5d5d8f2391242b74c1a6794098131942b4b2c8","source_id":"us-mt","stale":false,"prev":"us-mt/25-40-103","next":"us-mt/25-40-105"},"notice":"GroundRules: Original legal text. Not legal advice."}