HRS §658G-6
What happens to a court case when people choose collaborative law
If people in a court case sign a collaborative law agreement, they must tell the court right away, and the case is paused. When the collaborative process ends, they must tell the court again, and the case resumes. The court can ask for a simple status update but cannot hear details about the process.
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The statute, as written — - 6] Proceedings pending before tribunal; status report
(a) 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 agreement after it is signed. Subject to subsection (c) and sections 658G‑7 and 658G-8, the filing operates as an application for a stay of the proceeding. (b) 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 (a) is lifted when the notice is filed. The notice may not specify any reason for termination of the process. (c) A tribunal in which a proceeding is stayed under subsection (a) 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. (d) A tribunal may not consider a communication made in violation of subsection (c). (e) 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.
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