Fla. Stat. 61.57
Beginning, concluding, and terminating a collaborative law process


(1)

The collaborative law process begins, regardless of whether a legal proceeding is pending, when the parties enter into a collaborative law participation agreement.

(2)

A tribunal 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 any of the following:Resolution of a collaborative matter as evidenced by a signed record;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; orTermination of the collaborative law process.

(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 when a party:Gives notice to the other parties in a record that the collaborative law process is concluded;Begins a proceeding related to a collaborative matter without the consent of all parties;Initiates a pleading, a motion, an order to show cause, or a request for a conference with a tribunal in a pending proceeding related to a collaborative matter;Requests that the proceeding be put on the tribunal’s active calendar in a pending proceeding related to a collaborative matter;Takes similar action requiring notice to be sent to the parties in a pending proceeding related to a collaborative matter; orDischarges a collaborative attorney or a collaborative attorney withdraws from further representation of a party, except as otherwise provided in subsection (7).

(a)

Gives notice to the other parties in a record that the collaborative law process is concluded;

(b)

Begins a proceeding related to a collaborative matter without the consent of all parties;

(c)

Initiates a pleading, a motion, an order to show cause, or a request for a conference with a tribunal in a pending proceeding related to a collaborative matter;

(d)

Requests that the proceeding be put on the tribunal’s active calendar in a pending proceeding related to a collaborative matter;

(e)

Takes similar action requiring notice to be sent to the parties in a pending proceeding related to a collaborative matter; or

(f)

Discharges a collaborative attorney or a collaborative attorney withdraws from further representation of a party, except as otherwise provided in subsection (7).

(5)

A party’s collaborative attorney 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 attorney, the collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative attorney required by subsection (5) is sent to the parties:The unrepresented party engages a successor collaborative attorney;The parties consent to continue the collaborative law process by reaffirming the collaborative law participation agreement in a signed record;The collaborative law participation agreement is amended to identify the successor collaborative attorney in a signed record; andThe successor collaborative attorney confirms his or her representation of a party in the collaborative law participation agreement in a signed record.

(a)

The unrepresented party engages a successor collaborative attorney;

(b)

The parties consent to continue the collaborative law process by reaffirming the collaborative law participation agreement in a signed record;

(c)

The collaborative law participation agreement is amended to identify the successor collaborative attorney in a signed record; and

(d)

The successor collaborative attorney confirms his or her representation of a party in the collaborative law participation agreement in a signed record.

(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 a collaborative matter or any part thereof as evidenced by a signed record.

(9)

A collaborative law participation agreement may provide additional methods for concluding a collaborative law process.

Source: Section 61.57 — Beginning, concluding, and terminating a collaborative law process, https://www.­flsenate.­gov/Laws/Statutes/2024/0061.­57 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 61.57. Beginning, concluding, & terminating a collaborative law process's source at flsenate​.gov