§48-5A-102. Collaborative law generally; requesting the Supreme
Court to study collaborative law procedures for
possible implementation in this state.
(a) Collaborative law is a procedure in which parties who are
involved in family law matters and the involved attorneys agree in
writing to use their best efforts and make a good-faith attempt to
resolve their disputes arising from family law matters on an agreed
basis without resorting to judicial intervention, except to have a
court approve the settlement agreement, make the legal
pronouncements and sign the orders required by law to effectuate
the agreement of the parties as the court determines appropriate.
(b) Several states have passed laws adopting collaborative law
procedures. The Legislature requests that the Supreme Court of
Appeals study the use of collaborative law procedures in the family
courts of this state and, should the court find that the procedures
would be an effective alternative approach to dispute resolution in
family law matters, promulgate rules for the implementation of the
collaborative law procedures. The Legislature further requests
that the Supreme Court of Appeals present its findings and any
rules promulgated to the Legislature at the regular session of the
Legislature, 2009.