                                 CODE OF VIRGINIA

BEGINNING AND CONCLUDING COLLABORATIVE LAW PROCESS (§ 20-171)

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

B. A tribunal shall not order a party to participate in a collaborative law
process over such party&#8217;s objection.

C. A collaborative law process is concluded by a:

   1. Resolution of a collaborative matter as evidenced by a signed record;

   2. 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. Termination of the process.

D. A collaborative law process terminates:

   1. When a party gives notice to his collaborative lawyer and to other parties
   in a record that the process is ended;

   2. When a party:
   				a. Begins a proceeding related to a collaborative matter without the
   agreement of all parties; or
   				b. In a pending proceeding related to the matter, (i) initiates a
   pleading, motion, order to show cause, or request for a conference with the
   tribunal; (ii) requests that the proceeding be put on the tribunal&#8217;s
   active docket; or (iii) takes similar action requiring notice to be sent to
   the parties; or

   3. Except as otherwise provided by subsection G, when a party discharges a
   collaborative lawyer or a collaborative lawyer withdraws from further
   representation of a party.

E. A party&#8217;s collaborative lawyer shall give prompt notice to all other
parties in a record of a discharge or withdrawal.

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

G. 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 E is sent to the parties:

   1. The unrepresented party engages a successor collaborative lawyer; and

   2. In a signed record:
   				a. The parties consent to continue the process by reaffirming the
   collaborative law participation agreement;
   				b. The collaborative law participation agreement is amended to identify
   the successor collaborative lawyer; and
   				c. The successor collaborative lawyer confirms the lawyer&#8217;s
   representation of a party in the collaborative 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 such matter as evidenced by a signed record,
including any orders necessary to effectuate the terms of an agreement reached
in the collaborative law process and evidenced in a signed record.

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

HISTORY: 2021, Sp. Sess. I, c. 346.