Florida Statutes 61.57 – Beginning, concluding, and terminating a collaborative law process
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(1) The collaborative law process begins, regardless of whether a legal proceeding is pending, when the parties enter into a collaborative law participation agreement.
(2) A tribunal may not order a party to participate in a collaborative law process over that party’s objection.
(3) A collaborative law process is concluded by any of the following:
(a) Resolution of a collaborative matter as evidenced by a signed record;
Terms Used In Florida Statutes 61.57
- Collaborative attorney: means an attorney who represents a party in a collaborative law process. See Florida Statutes 61.56
- Collaborative law participation agreement: means an agreement between persons to participate in a collaborative law process. See Florida Statutes 61.56
- Collaborative law process: means a process intended to resolve a collaborative matter without intervention by a tribunal and in which persons sign a collaborative law participation agreement and are represented by collaborative attorneys. See Florida Statutes 61.56
- Collaborative matter: means a dispute, a transaction, a claim, a problem, or an issue for resolution, including a dispute, a claim, or an issue in a proceeding which is described in a collaborative law participation agreement and arises under chapter 61 or chapter 742, including, but not limited to:(a) Marriage, divorce, dissolution, annulment, and marital property distribution. See Florida Statutes 61.56
- Party: means a person who signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Florida Statutes 61.56
- Proceeding: means a judicial, an administrative, an arbitral, or any other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery. See Florida Statutes 61.56
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 61.56
- Related to a collaborative matter: means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter. See Florida Statutes 61.56
- Tribunal: means a court, an arbitrator, an 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. See Florida Statutes 61.56
(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 collaborative matter will not be resolved in the collaborative law process; or(c) Termination of the collaborative law process.
(4) A collaborative law process terminates when a party:
(a) Gives notice to the other parties in a record that the collaborative law process is concluded;
(b) Begins a proceeding related to a collaborative matter without the consent of all parties;
(c) Initiates a pleading, a motion, an order to show cause, or a request for a conference with a tribunal in a pending proceeding related to a collaborative matter;
(d) Requests that the proceeding be put on the tribunal’s active calendar in a pending proceeding related to a collaborative matter;
(e) Takes similar action requiring notice to be sent to the parties in a pending proceeding related to a collaborative matter; or
(f) Discharges a collaborative attorney or a collaborative attorney withdraws from further representation of a party, except as otherwise provided in subsection (7).
(5) A party’s collaborative attorney shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(6) A party may terminate a collaborative law process with or without cause.
(7) Notwithstanding the discharge or withdrawal of a collaborative attorney, the collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative attorney required by subsection (5) is sent to the parties:
(a) The unrepresented party engages a successor collaborative attorney;
(b) The parties consent to continue the collaborative law process by reaffirming the collaborative law participation agreement in a signed record;
(c) The collaborative law participation agreement is amended to identify the successor collaborative attorney in a signed record; and
(d) The successor collaborative attorney confirms his or her representation of a party in the collaborative law participation agreement in a signed record.
(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 a collaborative matter or any part thereof as evidenced by a signed record.
(9) A collaborative law participation agreement may provide additional methods for concluding a collaborative law process.