In the July 1 News, the Family Law Rules Committee noticed for comment its three-year cycle amendments. Three comments were received, all on proposed Rule 12.745. The Committee has considered the comments and has voted 24-0 to amend the proposal as shown below. The full text of the amended proposal can also be found on The Florida Bar’s website at www.FloridaBar.org. Interested persons may submit further written comments to the Florida Supreme Court in accordance with Fla.R.Jud.Admin. 2.140(b)(6).

RULE 12.745 COLLABORATIVE PROCESS RULE

(a) Applicability. This rule governs the use of the collaborative process in family matters and related issues.

(b) Notice of Collaborative Process. The parties may file a joint notice of participation in collaborative process stating that they have entered into a collaborative participation agreement.

(c) Collaborative Participation Agreement. A collaborative participation agreement must:

(1) be in writing;

(2) identify the attorney engaged by each party to represent their interests in the collaborative process;

(3) contain a signed acknowledgment by each party’s attorney confirming representation;

(4) include the following provisions:

(A) describe the nature and scope of the matter;

(B) state the parties’ intention to attempt to resolve the matter through the use of the collaborative process;

(C) each party must be represented by an attorney;

(D) if an attorney is allowed to withdraw by order of the court the collaborative process terminates 30 days from the date of the order unless:

(i) the unrepresented party engages a successor attorney;

(ii) the collaborative participation agreement is amended to identify and include the successor attorney’s signed acknowledgement confirming representation; and

(iii) the successor attorney files with the court a notice of representation.

(E) a party may not seek the intervention of the court during the collaborative process unless otherwise agreed to by the parties;

(F) each party shall make timely, full, candid, and informal financial disclosure, including all information reasonably related to any issue in the matter upon request of the other party and within a reasonable time. The parties shall, at a minimum, comply with the mandatory disclosure requirements pursuant to Rule 12.285(d) and (e), Florida Family Law Rules of Procedure;

(G) state whether upon termination of the collaborative process, with or without an agreement:

(i) a nonparty participant will be permitted to participate or testify in the matter or a substantially related matter.

(ii) a nonparty participant’s work product will be admissible in the matter or a substantially related matter.

(H) state whether any written partial settlement agreements survive the termination of the collaborative process and can be submitted to the court for ratification and enforcement;

(I) that if the collaborative process is terminated the attorney for each party, and any attorney in a law firm with which the collaborative attorney is associated, must withdraw and is disqualified from representing the party in any proceeding related to the collaborative matter.

(d) Abatement of Proceeding. If the parties file a joint request for abatement, the court shall abate the matter for 90 days. Upon further joint request, the court may further abate the matter.

(e) Termination Without Settlement. Either party may terminate the collaborative process by providing written notice to his or her attorney. The attorney shall file with the court a notice of termination of the collaborative process stating the date the process terminated, but not specify any reason for the termination.

(f) Alternative Dispute Resolution Permitted. Nothing in this rule shall be construed to prohibit the parties from using, by mutual agreement, other forms of alternate dispute resolution to reach a settlement on any of the issues included in the collaborative participation agreement.

(g) Settlement Agreement and Final Judgment. Any settlement agreement shall be in writing and signed by the parties and their attorneys. The settlement agreement may be filed and upon approval by the court can be made part of the final judgment or order.