Title LI, Courts

I. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. II. Throughout the c…

A collaborative law communication is confidential except as agreed by the parties in a signed document, or under the circumstances set forth in RSA 490-J:15, IV.

I. Except as set forth in this section, a collaborative law communication is privileged, is not subject to discovery, and is not admissible into evidence. Accordingly, a party or a party's lawyer or a neutral participant may refuse to disclose, and may prevent any other person fr…

Notwithstanding a failure to comply with RSA 490-J:4, RSA 490-J:12, or RSA 490-J:13, a court may enforce an agreement, apply the disqualification provisions of RSA 490-J:9, or apply a privilege under RSA 490-J:15 when the court concludes that the parties intended to enter into a …

In this chapter: I. "Collaborative law communication" means a statement, whether oral or in a document, that: (a) Is made as part of a collaborative law process; (b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process…

This chapter applies to a collaborative law participation agreement that meets the requirements of RSA 490-J:4 signed on or after the effective date of the chapter.

I. A collaborative law participation agreement shall: (a) Be in writing; (b) Be signed by the parties; (c) State the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter; (d) Describe the nature and scope of the matter; (e) C…

I. A collaborative law process begins when the parties sign a collaborative law participation agreement. II. A court shall not order a party to participate in a collaborative law process over that party's objection. III. A collaborative law process is concluded by a: (a) Resoluti…

I. Parties who have already initiated a proceeding by filing a petition with the court may jointly request the court to stay future action in the matter so the parties may engage in a collaborative process for resolution of the matter. Before signing a participation agreement, th…

During a collaborative law process, a court may issue emergency orders to protect the health, safety, welfare, or interest of a party; however, filing for such an order terminates the pending collaborative law process. Nothing in this section prohibits parties from exploring a re…

I. The terms of a collaborative law participation agreement shall be considered a binding contract and shall be enforceable by the trial court. II. Any agreements signed by the parties during the collaborative process are binding upon the parties in the same manner as they are in…

I. Except as otherwise provided in paragraph III, a collaborative lawyer is disqualified from appearing before a court to represent a party in a proceeding related to a collaborative matter, including related matters filed by third parties. II. Except as otherwise provided in par…