RULE 8.10. COLLABORATIVE LAW
1 (a) Collaborative Law Defined. Collaborative law is a process in which
2 parties and their respective trained collaborative lawyers and other professionals
3 contract in writing to resolve disputes without seeking court action other than
4 approval of a stipulated settlement. The process may include the use of alternative
5 dispute resolution neutrals as defined in N.D.R.Ct. 8.9, depending on the
6 circumstances of the particular case. If the collaborative process ends without a
7 stipulated agreement, the collaborative lawyers must withdraw from further
9 (b) Deferral from Scheduling. Parties seeking to resolve an action using a
10 collaborative law process must request deferral from scheduling under
11 N.D.R.Civ.P. 16 or N.D.R.Ct. 8.3. If the court grants deferral, the court may not
12 set any deadlines for the period specified in the order approving deferral.
13 (c) Additional Alternative Dispute Resolution Following Collaborative
14 Law. When a case has been deferred pursuant to N.D.R.Ct. 8.10(b) and is
15 reinstated with new counsel or a collaborative law process has resulted in
16 withdrawal of counsel prior to the filing of the case, the court should not ordinarily
17 order the parties to engage in further ADR proceedings without the agreement of
18 the parties. Participation in the collaborative law process constitutes ADR
19 participation for reporting in the N.D.R.Ct. 8.8 statement.
21 EXPLANATORY NOTE
22 Rule 8.10 took effect _____________________________.
23 Sources: Joint Procedure Committee Minutes of________________.