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Va. Code Ann. § 20-171

Beginning and concluding collaborative law process

Redline — March 1, 2022 → current.View current text →
Current — September 1, 2022
As of March 1, 2022
(1) A collaborative law process begins when the parties sign a collaborative law participation agreement.
(1) A collaborative law process begins when the parties sign a collaborative law participation agreement.
(2) A tribunal shall not order a party to participate in a collaborative law process over such party’s objection.
(2) A tribunal shall not order a party to participate in a collaborative law process over such party’s objection.
(3) A collaborative law process is concluded by a: Resolution of a collaborative matter as evidenced by a signed record;
(3) A collaborative law process is concluded by a: Resolution of a collaborative matter as evidenced by a signed record;
(4) 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
(4) 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
(5) Termination of the process.
(5) Termination of the process.
(6) A collaborative law process terminates: When a party gives notice to his collaborative lawyer and to other parties in a record that the process is ended;
(6) A collaborative law process terminates: When a party gives notice to his collaborative lawyer and to other parties in a record that the process is ended;
(7) When a party: Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(7) When a party: Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(8) 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’s active docket; or (iii) takes similar action requiring notice to be sent to the parties; or
(8) 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’s active docket; or (iii) takes similar action requiring notice to be sent to the parties; or
(9) 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.
(10) A party’s collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(9) A party’s collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(11) A party may terminate a collaborative law process with or without cause.
(10) A party may terminate a collaborative law process with or without cause.
(12) 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: The unrepresented party engages a successor collaborative lawyer; and
(11) 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: The unrepresented party engages a successor collaborative lawyer; and
(13) In a signed record: The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(12) In a signed record: The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(14) The collaborative law participation agreement is amended to identify the successor collaborative lawyer; and
(13) The collaborative law participation agreement is amended to identify the successor collaborative lawyer; and
(15) The successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process.
(14) The successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process.
(16) 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.
(15) 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.
(17) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
(16) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
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.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.