Section 1-642 - DefinitionsThe following definitions apply in this Article:
(1) Collaborative law communication. - A statement, whether oral or in a record, or verbal or nonverbal, that does all of the following:a. Is made to conduct, participate in, continue, or reconvene a collaborative law process.b. Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.(2) Collaborative law participation agreement. - An agreement by persons to participate in a collaborative law process under this Article.(3) Collaborative law process. - A procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons do all of the following:a. Sign a collaborative law participation agreement.b. Are represented by collaborative lawyers.(4) Collaborative lawyer. - A lawyer who represents a party in a collaborative law process.(5) 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.(6) Law firm. - Any of the following:a. Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association.b. 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.(7) Nonparty participant. - A person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process.(8) Party. - A person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.(9) 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.(10) Proceeding. - Any of the following:a. A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery.b. A legislative hearing or similar process.(11) Prospective party. - A person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.(12) 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.(13) Related to the collaborative matter. - Involving the same transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.(14) Sign. - With present intent to authenticate or adopt a record to do any of the following: a. Execute or adopt a tangible symbol.b. Attach to or logically associate with the record an electronic symbol, sound, or process.(15) Tribunal. - Any of the following:a. 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.b. A legislative body conducting a hearing or similar process.Added by 2020 N.C. Sess. Laws 65,s. 1, eff. 10/1/2020.