Here is the Texas statute regarding collaborative law. Please note the last
section of the statute makes a cross reference to confidentiality as in other
alternative dispute resolution processes.
Texas Family Code § 6.603. COLLABORATIVE LAW. (a) On a written agreement
of the parties and their attorneys, a dissolution of marriage
proceeding may be conducted under collaborative law procedures.
(b) Collaborative law is a procedure in which the parties
and their counsel agree in writing to use their best efforts and
make a good faith attempt to resolve their dissolution of marriage
dispute on an agreed basis without resorting to judicial
intervention except to have the 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. The parties' counsel may not serve
as litigation counsel except to ask the court to approve the
settlement agreement.
(c) A collaborative law agreement must include provisions
for:
(1) full and candid exchange of information between
the parties and their attorneys as necessary to make a proper
evaluation of the case;
(2) suspending court intervention in the dispute while
the parties are using collaborative law procedures;
(3) hiring experts, as jointly agreed, to be used in
the procedure;
(4) withdrawal of all counsel involved in the
collaborative law procedure if the collaborative law procedure does
not result in settlement of the dispute; and
(5) other provisions as agreed to by the parties
consistent with a good faith effort to collaboratively settle the
matter.
(d) Notwithstanding Rule 11, Texas Rules of Civil
Procedure, or another rule or law, a party is entitled to judgment
on a collaborative law settlement agreement if the agreement:
(1) provides, in a prominently displayed statement
that is boldfaced, capitalized, or underlined, that the agreement
is not subject to revocation; and
(2) is signed by each party to the agreement and the
attorney of each party.
(e) Subject to Subsection (g), a court that is notified 30
days before trial that the parties are using collaborative law
procedures to attempt to settle a dispute may not, until a party
notifies the court that the collaborative law procedures did not
result in a settlement:
(1) set a hearing or trial in the case;
(2) impose discovery deadlines;
(3) require compliance with scheduling orders; or
(4) dismiss the case.
(f) The parties shall notify the court if the collaborative
law procedures result in a settlement. If they do not, the parties
shall file:
(1) a status report with the court not later than the
180th day after the date of the written agreement to use the
procedures; and
(2) a status report on or before the first anniversary
of the date of the written agreement to use the procedures,
accompanied by a motion for continuance that the court shall grant
if the status report indicates the desire of the parties to continue
to use collaborative law procedures.
(g) If the collaborative law procedures do not result in a
settlement on or before the second anniversary of the date that the
suit was filed, the court may:
(1) set the suit for trial on the regular docket; or
(2) dismiss the suit without prejudice.
(h) The provisions for confidentiality of alternative
dispute resolution procedures as provided in Chapter 154, Civil
Practice and Remedies Code, apply equally to collaborative law
procedures under this section.
Harry L Tindall
Tindall & Foster PC
1300 Post Oak Blvd Ste 1550
Houston TX 77056-3081
Direct 713 622 8733 x21
____________________
www.tindallfoster.com
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