A. Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the collaborative law participation agreement after it is signed. Subject to subsection D and §§ 20-173 and 20-174, the filing operates as an application for a stay of the proceeding.
B. In the event that a stay is not granted by the tribunal, the proceeding shall be nonsuited by the parties before the collaborative law process may continue.
C. In the event that a stay of the proceeding is granted by the tribunal, the parties shall promptly file with the tribunal a notice in a record when their collaborative law process concludes. A stay of the proceeding under subsection A is lifted when the notice is filed. The notice shall not specify any reason for termination of the process.
D. A tribunal in which a proceeding is stayed under subsection A may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It shall not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
E. A tribunal shall not consider a communication made in violation of subsection D.
F. A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
2021, Sp. Sess. I, c. 346.
Structure Code of Virginia
Chapter 11 - Uniform Collaborative Law Act
§ 20-170. Collaborative law participation agreement; requirements
§ 20-171. Beginning and concluding collaborative law process
§ 20-172. Proceedings pending before tribunal; status report
§ 20-174. Affirmation of agreement by tribunal
§ 20-175. Disqualification of collaborative lawyer and lawyers in associated law firm; exception
§ 20-176. Low-income parties; exception from imputed disqualification
§ 20-177. Disclosure of information
§ 20-178. Standards of professional responsibility and mandatory reporting not affected
§ 20-179. Appropriateness of collaborative law process
§ 20-180. History of family abuse
§ 20-181. Confidentiality of collaborative law communication
§ 20-182. Privilege against disclosure of collaborative law communication; admissibility; discovery
§ 20-183. Waiver and preclusion of privilege
§ 20-185. Authority of tribunal in case of noncompliance
§ 20-186. Uniformity of application and construction
§ 20-187. Relation to Electronic Signatures in Global and National Commerce Act