C.R.S. § 13-24-101 Short title
13-24-101. Short title. This article 24 may be cited as the "Uniform Collaborative Law Act".
Uniform Collaborative Law Act
C.R.S. tit. 13, art. 24
in effectC.R.S. § 13-24-102 Definitions
13-24-102. Definitions. In this article 24:
(1) "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that:
(a) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and
(b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is terminated or concluded.
(2) "Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.
(3) "Collaborative law process" means a procedure intended to resolve a collaborative matter, without intervention by a tribunal, in which persons:
(a) Sign a collaborative law participation agreement; and
(b) Are represented by collaborative lawyers.
(4) "Collaborative lawyer" means a lawyer who represents a party in a collaborative law process.
(5) "Collaborative matter" means a dispute, transaction, claim, problem, negotiation, or issue for resolution, including a dispute, claim, or issue in a proceeding, which is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state, including:
(a) Marriage, divorce, dissolution, annulment, and property distribution;
(b) Child custody, visitation, and parenting time;
(c) Alimony, maintenance, and child support;
(d) Adoption;
(e) Parentage; and
(f) Premarital, marital, and post-marital agreements.
(6) "Law firm" means:
(a) Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association; and
(b) Lawyers employed in a legal services organization, or the legal department of a corporation or other organization, or the legal department of a government or governmental subdivision, agency, or instrumentality.
(7) "Nonparty participant" means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process.
(8) "Party" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
(9) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10) "Proceeding" means:
(a) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or
(b) A legislative hearing or similar process.
(11) "Prospective party" means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.
(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Related to a collaborative matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.
(14) "Sign" means with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(15) "Tribunal" means:
(a) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or
(b) A legislative body conducting a hearing or similar process.
C.R.S. § 13-24-103 Applicability
13-24-103. Applicability. This article 24 applies to a collaborative law participation agreement that meets the requirements of section 13-24-104 signed on or after January 1, 2022.
C.R.S. § 13-24-104 Collaborative law participation agreement - requirements
13-24-104. Collaborative law participation agreement - requirements. (1) A collaborative law participation agreement must:
(a) Be in a record;
(b) Be signed by the parties;
(c) State the parties' intention to resolve a collaborative matter through a collaborative law process under this article 24 as enacted in Colorado and informed consent concerning the consequences of the disqualification process;
(d) Describe the nature and scope of the matter;
(e) Identify the collaborative lawyer who represents each party in the process; and
(f) Contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process.
(2) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this article 24.
C.R.S. § 13-24-105 Beginning and concluding collaborative law process
13-24-105. Beginning and concluding collaborative law process. (1) A collaborative law process begins when the parties sign 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 a:
(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 matter will not be resolved in the process; or
(c) Termination of the process.
(4) A collaborative law process terminates:
(a) When a party gives notice to other parties in a record that the process is ended;
(b) When a party:
(I) Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(II) In a pending proceeding related to the matter:
(A) Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
(B) Requests that the proceeding be put on the tribunal's active calendar; or
(C) Takes similar action requiring notice to be sent to the parties; or
(c) Except as otherwise provided by subsection (7) of this section, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(5) A party's collaborative lawyer 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 lawyer, a collaborative law process continues if, not later than thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) of this section is sent to the parties:
(a) The unrepresented party engages a successor collaborative lawyer; and
(b) In a signed record:
(I) The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(II) The agreement is amended to identify the successor collaborative lawyer; and
(III) The successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
(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 the collaborative matter or any part thereof as evidenced by a signed record.
(9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
C.R.S. § 13-24-106 Proceedings pending before tribunal - status report
13-24-106. Proceedings pending before tribunal - status report. (1) 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 (3) of this section and sections 13-24-107 and 13-24-108 and the parties and the collaborative lawyers inform the court that the parties are engaging in good faith in the collaborative law process, any pending proceeding in the action filed by the parties shall be continued to a date certain.
(2) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (1) of this section is lifted when the notice is filed. The notice may not specify any reason for termination of the process.
(3) A tribunal in which a proceeding is stayed under subsection (1) of this section 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 may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
(4) A tribunal may not consider a communication made in violation of subsection (3) of this section.
(5) 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.
C.R.S. § 13-24-107 Emergency order
13-24-107. Emergency order. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or a minor child of either of the parties.
C.R.S. § 13-24-108 Approval of agreement by tribunal
13-24-108. Approval of agreement by tribunal. A tribunal may approve an agreement resulting from a collaborative law process.
C.R.S. § 13-24-109 Disqualification of collaborative lawyer and lawyers in associated law firm
13-24-109. Disqualification of collaborative lawyer and lawyers in associated law firm. (1) Except as otherwise provided in subsection (3) of this section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
(2) Except as otherwise provided in subsection (3) of this section and section 13-24-111, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (1) of this section.
(3) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(a) To ask a tribunal to approve an agreement resulting from the collaborative law process; or
(b) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or a minor child of either of the parties as defined in section 13-14-101 (2.2) if a successor lawyer is not immediately available to represent that person.
(4) If subsection (3)(b) of this section applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or minor child of either of the parties as defined in section 13-14-101 (2.2) for a limited time only until the person or minor child is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
C.R.S. § 13-24-111 Governmental entity as party
13-24-111. Governmental entity as party. (1) The disqualification of section 13-24-109 (1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.
(2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if:
(a) The collaborative law participation agreement so provides; and
(b) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation.
C.R.S. § 13-24-112 Disclosure of information
13-24-112. Disclosure of information. Except as provided by law other than this article 24, during the collaborative law process, on the request of one party made to the other party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process; however, at a minimum, the disclosure shall include the documents required to be disclosed pursuant to rule 16.2 (e)(2) of the Colorado rules of civil procedure.
C.R.S. § 13-24-113 Standards of professional responsibility and mandatory reporting not affected
13-24-113. Standards of professional responsibility and mandatory reporting not affected. (1) This article 24 does not affect:
(a) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
(b) The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
(2) Nothing in section 13-24-117 waives the provisions of rule 1.6 (b) of the Colorado rules of professional conduct.
C.R.S. § 13-24-114 Appropriateness of collaborative law process - informed consent
13-24-114. Appropriateness of collaborative law process - informed consent. (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(a) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;
(b) Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation, and other alternative dispute resolution options; and
(c) Advise the prospective party in writing:
(I) That after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(II) That participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause;
(III) That the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by section 13-24-109; and
(IV) Of the privileged nature of collaborative communications as reflected in this article 24.
C.R.S. § 13-24-115 Coercive or violent relationship
13-24-115. Coercive or violent relationship. (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry into whether the prospective party has a history of a coercive or violent relationship with another prospective party.
(2) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(3) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
(a) The party or the prospective party requests beginning or continuing a process; and
(b) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
C.R.S. § 13-24-116 Confidentiality of collaborative law communication
13-24-116. Confidentiality of collaborative law communication. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state and the provisions of this article 24. Nothing herein modifies the confidentiality provisions contained in part 3 of article 22 of this title 13.
C.R.S. § 13-24-117 Privilege against disclosure for collaborative law communication - admissibility - discovery
13-24-117. Privilege against disclosure for collaborative law communication - admissibility - discovery. (1) Subject to sections 13-24-118 and 13-24-119, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence in any proceeding except as agreed by the parties and nonparty participants, if any, in a signed participation agreement or later agreement signed by both parties and nonparty participants, if any, and except as noted in this article 24.
(2) In a proceeding, the following privileges apply:
(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication; and
(b) A nonparty participant or a collaborative law attorney may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication except as agreed by both parties and nonparty participants, if any, in writing.
(3) Evidence or information, including but not limited to disclosures made pursuant to rule 16.2 of the Colorado rules of civil procedure, as amended, that is otherwise admissible to a tribunal or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
C.R.S. § 13-24-118 Waiver and preclusion of privilege
13-24-118. Waiver and preclusion of privilege. (1) A privilege under section 13-24-117 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
(2) A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under section 13-24-117, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
C.R.S. § 13-24-119 Limits of privilege
13-24-119. Limits of privilege. (1) There is no privilege under section 13-24-117 for a collaborative law communication that is:
(a) Available to the public under article 72 of title 24;
(b) A threat or statement of a plan to inflict bodily injury or commit a crime of violence or a threat to the safety of a child under eighteen years of age;
(c) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or
(d) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.
(2) The privileges under section 13-24-117 for a collaborative law communication do not apply to the extent that a communication is:
(a) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process or matter; or
(b) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult.
(3) If a collaborative law communication is subject to an exception under subsection (1) or (2) of this section, only the part of the communication necessary for the application of the exception may be disclosed or admitted.
(4) Disclosure or admission of evidence excepted from the privilege under subsection (1) or (2) of this section does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.
(5) The privileges under section 13-24-117 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection (5) does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.
C.R.S. § 13-24-120 Authority of tribunal in case of noncompliance
13-24-120. Authority of tribunal in case of noncompliance. (1) If an agreement fails to meet the requirements of section 13-24-104 or a lawyer fails to comply with section 13-24-114 or 13-24-115, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(a) Signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b) Reasonably believed they were participating in a collaborative law process.
(2) If a tribunal makes the findings specified in subsection (1) of this section, and the interests of justice require, the tribunal may:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) Apply the disqualification provisions of sections 13-24-105, 13-24-106, 13-24-109, and 13-24-111; and
(c) Apply a privilege under section 13-24-117.
C.R.S. § 13-24-121 Uniformity of application and construction
13-24-121. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
C.R.S. § 13-24-122 Relation to electronic signatures in global and national commerce act
13-24-122. Relation to electronic signatures in global and national commerce act. This article 24 modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. sec. 7003(b).
C.R.S. § 13-24-123 Authority of supreme court
13-24-123. Authority of supreme court. Nothing in this article 24 impinges upon the authority of the Colorado supreme court to regulate the conduct of attorneys in this state.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.docxFetched: 10/6/2026