Title 78B, Title 78B: Judicial Code

78B-19-105. Beginning and concluding a collaborative law process. (1) A collaborative law process begins when the parties sign a collaborative law participation agreement. (2) A tribunal may not order a party to participate in a collaborative law process over that party's objecti…

78B-19-106. Proceedings pending before tribunal -- Status report. (1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. Parties shall file promptly with the t…

78B-19-107. Emergency orders. During a collaborative law process, a court may issue emergency orders, including protective orders in accordance with, or, to protect the health, safety, welfare, or interest of a party or member of a party's household.

78B-19-108. Approval of agreement by tribunal. A court may approve an agreement resulting from a collaborative law process.

78B-19-109. Disclosure of information. Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter wit…

78B-19-110. Standards of professional responsibility and mandatory reporting not affected. This chapter does not affect: (1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) the obligation of a person to repor…

78B-19-111. Appropriateness of collaborative law process. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: (1) assess with the prospective party factors the lawyer reasonably believes relate to whether a colla…

78B-19-112. Coercive or violent relationship. (1) 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 …

78B-19-113. Confidentiality of collaborative law communication. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this chapter.

78B-19-114. Authority of tribunal in case of noncompliance. (1) If an agreement fails to meet the requirements of Section, or a lawyer fails to comply with Sectionor, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreeme…

78B-19-115. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

78B-19-116. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C.A. Sec. 7001 et seq. (2009), but does not modify, limit, or supersede S…