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§ 3-2003. Beginning and concluding a collaborative law process

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2014

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 20. Maryland Uniform Collaborative Law Act (Refs & Annos)
Effective: October 1, 2014
MD Code, Courts and Judicial Proceedings, § 3-2003
§ 3-2003. Beginning and concluding a collaborative law process
Currentness
Signing a collaborative law process
(a) A collaborative law process begins when the parties sign a collaborative law participation agreement.
Objection to collaborative law process
(b) A tribunal may not order a party to participate in a collaborative law process over that party's objection.
Conclusion of collaborative law process
(c) A collaborative law process is concluded by:
(1) A resolution of a collaborative matter as evidenced by a signed record;
(2) A 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) A termination of the process.
Termination of collaborative law process
(d) A collaborative law process terminates:
(1) When a party gives notice to other parties in a record that the process is ended;
(2) When a party:
(i) Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(ii) In a pending proceeding related to the matter:
1. Initiates a pleading, a motion, an order to show cause, or a request for a conference with the tribunal;
2. Requests that the proceeding be put on the tribunal's calendar; or
3. Takes similar action requiring notice to be sent to the parties; or
(3) Except as otherwise provided in subsection (g) of this section, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
Notice of discharge or withdrawal
(e) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
Termination without cause
(f) A party may terminate a collaborative law process with or without cause.
Discharge or withdrawal of collaborative lawyer
(g) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, within 30 days after the date that the notice of 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:
(i) The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(ii) The agreement is amended to identify the successor collaborative lawyer; and
(iii) The successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
Request to approve a resolution of the collaborative law process; no conclusion of collaborative law process
(h) 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 of the collaborative matter as evidenced by a signed record.
Additional methods of concluding a collaborative law process
(i) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.

Credits

Added by Acts 2014, c. 342, § 1, eff. Oct. 1, 2014.
MD Code, Courts and Judicial Proceedings, § 3-2003, MD CTS & JUD PRO § 3-2003
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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