N.H. Rev. Stat. § 490-J:5

Current through the 2024 Legislative

Section 490-J:5 - Beginning and Concluding Collaborative Law Process

I. A collaborative law process begins when the parties sign a collaborative law participation agreement.

II. A court shall not order a party to participate in a collaborative law process over that party's objection.

III. A collaborative law process is concluded by a:

(a) Resolution of a collaborative matter as evidenced by a signed agreement;

(b) Resolution of a part of the collaborative matter, evidenced by a signed agreement, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or

(c) Termination of the process.

IV. A collaborative law process terminates:

(a) When a party gives written notice to other parties that the process is ended.

(b) Except as otherwise provided by paragraph VII, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

(c) When a party:

(1) Files a petition or other pleading related to a collaborative matter without the agreement of all parties; or

(2) In a pending proceeding related to the matter:

(A) Initiates a pleading, motion, order to show cause, or request for a conference with the court; or

(B) Requests that the proceeding be put on the court's active docket; or

(C) The matter is no longer stayed.

V. A party's collaborative lawyer shall give prompt written notice to all other parties if the lawyer has been discharged or withdraws as counsel.

VI. A party may terminate a collaborative law process with or without cause.

VII. Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if within 30 days or within a time agreed to by the team in writing:

(a) The unrepresented party engages a successor collaborative lawyer; and

(b) The parties consent in writing to continue the process by reaffirming the collaborative law participation agreement, and the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.

VIII. A collaborative law process shall not conclude if the parties jointly request the court to approve a settlement of the collaborative matter or any part thereof.

IX. A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.

RSA 490-J:5

Added by 2021, 206:V-1, eff. 10/9/2021.

2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.