Beginning, concluding, and terminating a collaborative law process.
F.S. 61.57
in effect(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:
(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:
(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:
(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: FL Statutes (Official Site)URL: https://www.flsenate.gov/Laws/Statutes/2025/Chapter61/AllFetched: 7/8/2026