Section 6-6-26.04 - Beginning and concluding collaborative law process(a) A collaborative law process begins when the parties sign a collaborative law participation agreement.(b) A tribunal may not order a party to participate in a collaborative law process over that party'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 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's active calendar; 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'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 agreement is amended to identify the successor collaborative lawyer; and(C) the successor collaborative lawyer confirms the lawyer'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 thereof as evidenced by a signed record.(i) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.Ala. Code § 6-6-26.04 (1975)
Added by Act 2013-355,§ 5, eff. 1/1/2014.