KRS § 403.646 Beginning and concluding collaborative law process.
A collaborative law process starts when the parties sign a participation agreement, and it can end or continue only under the listed conditions.
403.646 Beginning and concluding collaborative law process. (1) A collaborative law process begins when the parties sign a collaborative law participation agreement. (2) A court may not order a party to participate in a collaborative law process over that party’s objection. (3) A collaborative law process is concluded by a: (a) Resolution of a collaborative matter as evidenced by a signed record; (b) 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 (c) Termination of the process. (4) A collaborative law process terminates: (a) When a party gives notice to other parties in a record that the process is ended; or (b) When a party: 1. Begins a proceeding related to a collaborative matter without the agreement of all parties; 2. In a pending proceeding related to the matter: a. Initiates a pleading, motion, order to show cause, or request for a conference with the court; b. Requests that the proceeding be put on the court's active calendar; or c. Takes similar action requiring notice to be sent to the parties; or 3. Except as otherwise provided by subsection (7) of this section, discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party. (5) A party’s collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal. (6) A party may terminate a collaborative law process with or without cause. (7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than thirty (30) days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) of this section is sent to the parties: (a) The unrepresented party engages a successor collaborative lawyer; and (b) In a signed record: 1. The parties' consent to continue the process by reaffirming the collaborative law participation agreement; 2. The agreement is amended to identify the successor collaborative lawyer; and 3. The successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process. (8) A collaborative law process does not conclude if, with the consent of the parties, a party requests a court to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record. (9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 62, sec. 4, effective July 15, 2024.