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Current as of January 01, 2021 | Updated by FindLaw Staff
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 the objection of that party.
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 collaborative matter will not be resolved in the collaborative law process; or
(c) Termination of the collaborative law process.
4. A collaborative law process terminates:
(a) When a party gives notice to other parties in a record that the collaborative law process is ended;
(b) When a party:
(1) Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(2) In a pending proceeding related to the collaborative 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
(c) Except as otherwise provided in subsection 7, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
5. The collaborative lawyer of a party shall give prompt notice to all other parties in a record of the discharge or withdrawal of the collaborative lawyer.
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 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection 5 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 tribunal 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.
Cite this article: FindLaw.com - Nevada Revised Statutes Title 3. Remedies; Special Actions and Proceedings § 38.490. Collaborative law process: Commencement; participation; conclusion; termination; withdrawal of collaborative attorney; continuation after discharge or withdrawal of collaborative lawyer - last updated January 01, 2021 | https://codes.findlaw.com/nv/title-3-remedies-special-actions-and-proceedings/nv-rev-st-38-490/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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