NRS 38.490
Collaborative law process: Commencement

  • participation
  • conclusion
  • termination
  • withdrawal of collaborative attorney
  • continuation after discharge or withdrawal of collaborative lawyer.

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 the objection of that party.

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 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:

(a)

When a party gives notice to other parties in a record that the collaborative law process is ended;

(b)

When a party:

(1)

Begins a proceeding related to a collaborative matter without the agreement of all parties; or

(2)

In a pending proceeding related to the collaborative matter:
(I) Initiates a pleading, motion, order to show cause or request for a conference with the tribunal;
(II) Requests that the proceeding be put on the tribunal’s active calendar; or
(III) Takes similar action requiring notice to be sent to the parties; or

(c)

Except as otherwise provided in subsection 7, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

5.

The collaborative lawyer of a party shall give prompt notice to all other parties in a record of the discharge or withdrawal of the collaborative lawyer.

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 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection 5 is sent to the parties:

(a)

The unrepresented party engages a successor collaborative lawyer; and

(b)

In a signed record:

(1)

The parties consent to continue the process by reaffirming the collaborative law participation agreement;

(2)

The agreement is amended to identify the successor collaborative lawyer; and

(3)

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.

Source: Section 38.490 — Collaborative law process: Commencement; participation; conclusion; termination; withdrawal of collaborative attorney; continuation after discharge or withdrawal of collaborative lawyer., https://www.­leg.­state.­nv.­us/NRS/NRS-038.­html#NRS038Sec490 (accessed May 26, 2025).

38.400
Short title. 38.405
Definitions. 38.410
“Collaborative law communication” defined. 38.415
“Collaborative law participation agreement” defined. 38.420
“Collaborative law process” defined. 38.425
“Collaborative lawyer” defined. 38.430
“Collaborative matter” defined. 38.435
“Law firm” defined. 38.440
“Nonparty participant” defined. 38.445
“Party” defined. 38.450
“Person” defined. 38.455
“Proceeding” defined. 38.460
“Prospective party” defined. 38.465
“Record” defined. 38.470
“Related to a collaborative matter” defined. 38.475
“Sign” defined. 38.480
“Tribunal” defined. 38.485
Requirements for collaborative law participation agreement 38.490
Collaborative law process: Commencement 38.495
Participation agreement by persons in proceeding pending before tribunal 38.500
Emergency order. 38.505
Approval of agreement by tribunal. 38.510
Disqualification of collaborative lawyer and lawyers in associated law firm in certain related proceedings. 38.515
Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to low-income parties. 38.520
Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to party that is governmental entity. 38.525
Disclosure of information during process. 38.530
Obligations and standards of professional responsibility and mandatory reporting not affected. 38.535
Required assessment and disclosures regarding process by prospective collaborative lawyer. 38.540
Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties. 38.545
Confidentiality of collaborative law communication. 38.550
Privilege against disclosure of collaborative law communication 38.555
Waiver and preclusion of privilege. 38.560
Limits of privilege. 38.565
Authority of tribunal in case of noncompliance. 38.570
Applying and construing Uniform Act to promote uniformity. 38.575
Relation to Electronic Signatures in Global and National Commerce Act.

May 26, 2025

§ 38.490. Collaborative law process: Commencement's source at nv​.us