A. A collaborative law process begins when the parties sign a collaborative law participation agreement.
§ 3305.Beginning and Concluding Collaborative Law Process
Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceMarks a collaborative law process as beginning when the parties sign a participation agreement, bars a tribunal from forcing anyone to join one, and lists exactly how and when it concludes or terminates, including through a lawyer's discharge or withdrawal.
Full Text of § 3305
B. A tribunal may not order a party to participate in a collaborative law process over that party's objection.
C. A collaborative law process is concluded by a:
1. Resolution of a collaborative matter as evidenced by a signed record;
2. Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
3. Termination of the process.
D. A collaborative law process terminates:
1. When a party gives notice to other parties in a record that the process is ended;
2. When a party:
a. begins a proceeding related to a collaborative matter without the agreement of all parties, or
b. in a pending proceeding related to the matter:
(1) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal,
(2) requests that the proceeding be put on the tribunal's active calendar, or
(3) takes similar action requiring notice to be sent to the parties; or
3. Except as otherwise provided by subsection G of this section, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
E. A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
F. A party may terminate a collaborative law process with or without cause.
G. Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than thirty (30) days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection E of this section is sent to the parties:
1. The unrepresented party engages a successor collaborative lawyer; and
2. In a signed record:
a. the parties consent to continue the process by reaffirming the collaborative law participation agreement,
b. the agreement is amended to identify the successor collaborative lawyer, and
c. the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
H. 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.
I. A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
Amendment History
Added by Laws 2025, c. 226,s. 5, eff. 1/1/2026.
Plain-English Summary
Section 3305 tracks the collaborative process from start to finish. It begins the moment the parties sign a participation agreement, and no tribunal can order a party into one over that party's objection. The process concludes when the parties resolve the whole matter, resolve part of it and agree the remaining parts won't be handled collaboratively, or when the process is terminated.
The process terminates in several ways: a party gives written notice ending it; a party files a related proceeding without everyone's agreement, or takes a step like a motion or a request for a hearing in a pending related proceeding; or a party discharges their collaborative lawyer, or the lawyer withdraws. That lawyer must promptly notify the other parties of a discharge or withdrawal, and any party can terminate the process with or without cause.
There's one lifeline: if an unrepresented party finds a successor collaborative lawyer within thirty days of that notice, and the parties sign a record reaffirming the agreement, naming the successor, and confirming the successor's representation, the process keeps going instead of ending. And asking a tribunal, with everyone's consent, to approve a resolution doesn't end the process either -- the agreement can also spell out other ways to wrap things up.
Frequently Asked Questions
When does a collaborative law process officially begin?
When the parties sign a collaborative law participation agreement.
Can a judge force me into collaborative law?
No. Section 3305 says a tribunal may not order a party to participate in a collaborative law process over that party's objection.
What happens if my collaborative lawyer withdraws in the middle of the process?
The process generally terminates, unless within thirty days you engage a successor collaborative lawyer and everyone signs a record reaffirming the agreement and identifying the new lawyer, in which case the process continues.
Can I just walk away from collaborative law if I change my mind?
Yes. A party may terminate a collaborative law process with or without cause.
Does filing a motion in my pending case automatically end the collaborative process?
It can. The process terminates if a party initiates a pleading, motion, order to show cause, or request for a conference in a pending proceeding related to the matter, among other listed actions.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
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