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).